Community as a Legal Phenomenon: Essence, Legal Personality, Shortcomings, and Prospects for the Transformation of its Legal Status in Ukrainian Legislation

The article provides a comprehensive analysis of the legal nature of the territorial community as a primary subject of local self-government.It explores theoretical and legal approaches to defining the essence and legal status of the community, particularly in the context of its legal personality.The study substantiates that the current legislative understanding of the community as merely a group of residents is insufficient and does not meet the requirements of the modern decentralization process and European integration.The author advocates a shift from the communitarian model towards a comprehensive approach that recognizes the community as a legal entity under public law.The key elements of the community's legal personality are identified, along with major shortcomings in legislative regulation and prospects for transformation of its legal status.The article concludes that legal recognition of the community's legal personality and its inclusion in Ukraine's administrative-territorial system are essential for ensuring effective local self-government.

Authors

Publication Details

Journal
Ukrainian Journal of Constitutional Law
Published
2025-01-01
DOI
https://doi.org/10.30970/jcl.1.2025.6
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

Community as a Legal Phenomenon: Essence, Legal Personality, Shortcomings, and Prospects for the Transformation of its Legal Status in Ukrainian Legislation

Artem Stoliarchuk
Ukrainian Journal of Constitutional Law
Legal Studies and Reforms
article

Community as a Legal Phenomenon: Essence, Legal Personality, Shortcomings, and Prospects for the Transformation of its Legal Status in Ukrainian Legislation

Artem Stoliarchuk
article en

Abstract

The article provides a comprehensive analysis of the legal nature of the territorial community as a primary subject of local self-government.It explores theoretical and legal approaches to defining the essence and legal status of the community, particularly in the context of its legal personality.The study substantiates that the current legislative understanding of the community as merely a group of residents is insufficient and does not meet the requirements of the modern decentralization process and European integration.The author advocates a shift from the communitarian model towards a comprehensive approach that recognizes the community as a legal entity under public law.The key elements of the community's legal personality are identified, along with major shortcomings in legislative regulation and prospects for transformation of its legal status.The article concludes that legal recognition of the community's legal personality and its inclusion in Ukraine's administrative-territorial system are essential for ensuring effective local self-government.

Ukrainian Journal of Constitutional LawVol. 1
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Legal Studies and Reforms
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