On the Definition of the Concept, Sings and Classification of Issues of Local Importance:Domestic and Foreign Practice

Abstract

The article is devoted to the study of the analysis of the legal nature of issues of local importance, their definition as the subject of jurisdiction of local self-government bodies and the identification of the features of their constitutional and legislative regulation by conducting a comparative legal analysis of the current domestic constitutional legislation with the legislation of a number of foreign countries to determine useful practices for the national system of local self-government.
It demonstrates that there are two approaches to determining the content of issues of local importance: the first is the determination of the content and directions of the most effective implementation of issues of local importance from the point of view of the science of management, the second is purely legal, which is based on the analysis of the entire array of regulatory legal acts that can and should contain the specification of issues of local importance.
The current domestic constitutional legislation and the legislation of a number of foreign countries (France, Italy, Spain, Japan, Germany, Portugal) were analyzed to identify useful practices for the national system of local self-government.
It has been proven that the content of local issues as an object of municipal administration is always larger and richer than the content of local issues as a subject of regulatory and legal regulation, therefore, the legal regulation of local issues aims to consolidate and regulate the most essential aspects of the content of local issues, however, the specification of local issues in other regulatory legal acts most often occurs by mixing the concepts of “local issues” and “powers of municipal bodies” in sectoral and special laws.