Open AccessLEGAL BASES OF LEGAL RESPONSIBILITY OF TERRITORIAL COMMUNITIES
Author(s) -
N.Ya. Yakymchuk
Publication year - 2021
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.02.5
Subject(s) - liability , legal liability , government (linguistics) , business , local government , civil society , political science , law , politics , philosophy , linguistics
The article investigates the issue of legal principles of legal responsibility of territorial communities as individual subjects of law and legal relations. The approaches in science on issues of separating territorial communities as separate legal entities from local self-government bodies and their officials acting on behalf of such territorial communities are highlighted. It is emphasized that there is an urgent need to coordinate the provisions of various laws for this purpose. The issue of constitutional and legal principles of the legal status of territorial communities as owners as participants in civil and economic legal relations, the principles of their civil liability, the features of which are due to their public-legal status, are highlighted. The issues of public (municipal) responsibility of territorial communities are highlighted and especially attention to the issues of budget-legal responsibility of territorial communities, the objects of the property of the local budget may be applied to the measures of influence in the form of returning budget funds to the relevant budget in case of non-targeted use of funds Subviations, as well as in the form of an unconditional removal of funds from local budgets, if there was a place of expenditure, local budget lending, which in accordance with the Budget Code of Ukraine should be held from another budget. It is emphasized that an important aspect requiring detailed scientific analysis is also the issue of recognizing territorial communities of cities, subjects of responsibility to international financial organizations as a result of collecting budget borrowings in the form of loans. The issue of state immunity in such relations (including limited) is the subject of regulation of domestic and international law, but the immunity of territorial communities is a new direction of research. Also, today the issues discussed and in certain states have found a legal consolidation of the bankruptcy of territorial communities, which, as a negative of all sides of the legal phenomenon, should be prevented in Ukraine.