Local self-government in public and private law: latest experience

Perezhniak, Boris; Hryshchuk, A.; Menso, Iryna V.; Strukova, Kristina; Назарко, Аркадий Тимофеевич

doi:10.34069/ai/2021.41.05.21

Cited by 3 publications

(2 citation statements)

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“…Table 1 -Challenges of the implementation of ECLSG [11,15,20] Challenge Description Limited Autonomy…”

Section: Resultsmentioning

confidence: 99%

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

Huseynov

2024

PoS

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The European Charter of Local Self-Government (ECLSG) is a cornerstone for local governance, emphasising principles such as autonomy, financial independence, and democratic processes. This article assessed the implementation of the ECLSG in Azerbaijan, focusing on legal compliance and institutional adaptation. This study aimed to assess Azerbaijan's level of compliance with the principles established in the ECLSG and to evaluate the extent to which its institutions have been modified to align with the charter's benchmarks. A qualitative research methodology relying on document analysis, legal reviews, and expert interviews was employed in the study. The analysis included a review of pertinent legal documents, reports, and scholarly articles to evaluate the degree of legal adherence and institutional flexibility in Azerbaijan. The finding's indicated Azerbaijan has shown advancements in implementing the ECLSG, especially in decentralisation and forming local self-governing entities. However, there are still obstacles to guaranteeing complete legal adherence, including issues related to the autonomy of local governments, boundary protection, and financial resources. The European Charter of Local Self-Government is vital in promoting local democracy and selfgovernment in Europe. It emphasises the autonomy of local authorities and democratic processes at the local level. In Azerbaijan, implementing the ECLSG has led to significant institutional changes, including establishing municipal councils and executive bodies. However, challenges remain, such as limited autonomy, inadequate funding, and shortcomings in the electoral process. Addressing these challenges is crucial for Azerbaijan to comply with the charter and improve local governance fully. The findings suggest that while Azerbaijan has taken steps to align its legal framework with the ECLSG, further reforms are needed to enhance local self-government. Addressing challenges such as central government interference, boundary adjustments, and budget limitations will be essential in achieving complete adherence to the charter and strengthening local governance in Azerbaijan.

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“…Table 1 -Challenges of the implementation of ECLSG [11,15,20] Challenge Description Limited Autonomy…”

Section: Resultsmentioning

confidence: 99%

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

Huseynov

2024

PoS

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“…Local self-government is one of the main institutions of civil society, and most democratic countries have a developed system of local self-government, which is delegated a number of state functions (Perezhniak et al, 2021). The powers of local authorities are usually enshrined in special regulations.…”

Section: Balance and Stabilitymentioning

confidence: 99%

Organisation of local self-government in the Republic of Azerbaijan

2023

Futurity Economics&Law

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The relevance of the study lies in the fact that local self-government is the foundation of the life of the citizens of the Republic of Azerbaijan and one of the main foundations of any democratic system. The purpose of this study is to establish the constitutional and legal content and forms of interaction between the state authorities and local self-government at the present stage of development of the Republic of Azerbaijan. To achieve the research objective, the author used general theoretical and special legal methods. The main result of the study is the argumentation of the position that interaction between public authorities and local self-government should be considered as a joint activity based on the provisions of the Constitution of the Republic of Azerbaijan, its laws and by-laws, and carried out in certain directions and forms. Achieving this goal involves setting and solving such a research task as analysing the main trends in the development of local self-government at the present stage, forms, and mechanisms of interaction between local self-government bodies and the bodies of the state power structure of a subject of the Republic of Azerbaijan, on the one hand, and the local population at the regional level, on the other. The study used both general scientific methods of research (logical analysis and synthesis, induction and deduction, abstraction and descent from the abstract to the concrete, and the method of identification) and private (so-called traditional) methods of social sciences (the method of structural and functional analysis, and the institutional method). The conclusion of the study is the argumentation of the position that in Azerbaijan, as in other post-Soviet countries, the problem of relations between state and municipal authorities is quite relevant since local self-government has always been an attribute of a democratic society and a form of self-organisation of the population to solve local problems. In addition, local self-government in Azerbaijan is recognised as an equal and independent form of government, which is also confirmed by the results of the study. The study also substantiates specific proposals for improving the functioning of the local self-government system in the Republic of Azerbaijan, which will contribute to increasing the efficiency of its implementation at the regional level.

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Smart contracts in the context of digitalization: the legal realities of world experience

Klepikova

Harahonych

Antoshyna³

2021

Cuest. Pol.

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The development of digital technologies is forcing lawyers to analyze phenomena that have recently looked fantastic. This means that a phenomenon like smart contracts has ceased to be a theoretical idea of improving commodity monetary transactions and now needs a legal justification. In this article, we have analyzed smart contracts in terms of their belonging to digital technologies and the legal field, that is, how they can be equated with legal agreements, if they are their analogues, what application can it find given the legislation in the field of civil (contractual) law. The purpose of our study was to establish a link between smart contacts and their legal regulation, with the feature of smart contract implementation perspectives. The methodology used are systemic and formal-legal methods, as well as methods of analysis and synthesis. The results found highlight that a smart contract is a computer code that is entered into a blockchain network to execute a transaction, the usual expression of which is an agreement between the parties. From a legal point of view, smart contracts are only a part of ordinary agreements (contracts) under the practice of international and national law.

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Local self-government in public and private law: latest experience

Cited by 3 publications

References 0 publications

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

Organisation of local self-government in the Republic of Azerbaijan

Smart contracts in the context of digitalization: the legal realities of world experience

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