Peculiarities of the Implementation of Economic Rights at the Municipal Level

The article deals with the issues related to determining the legal nature of municipal economic human rights and their constitutional and legal support and implementation under challenging martial law conditions in Ukraine.The author emphasises that the majority of individual rights (including economic rights) are exercised at the level of territorial communities.Therefore, clearly defined characteristics of municipal human rights as a relatively personified systemic entity are distinguished.At the same time, the author notes that over the past two decades, the national municipal law science has gradually formed a clear trend towards distinguishing a person (resident) with an independent status characteristic, where a person is a member of a territorial community endowed with specific municipal rights and freedoms.It is substantiated that in the municipal legal mechanism for implementing the tasks and principles of local selfgovernment, an important role belongs to economic rights, the reality and guarantee of which is an indicator of the efficiency of the economic life of territorial communities.These rights have both constitutional and civil significance and content, as well as the municipal-legal dimension of their existence, due to which they can perform a system-forming function in implementing the economic foundations of local self-government.The author proves the expediency of distinguishing between collective and individual municipal economic rights enshrined primarily in the Constitution of Ukraine and the Law of Ukraine 'On Local Self-Government in Ukraine'.Moreover, the exercise of municipal economic rights has become highly complicated due to the fullscale russian armed aggression in Ukraine, which began on 24 February 2022.In this context, the special relevance of the problems of restoring the communal sector of the economy and ensuring the economic rights

Authors

Publication Details

Journal
Ukrainian Journal of Constitutional Law
Published
2025-01-01
DOI
https://doi.org/10.30970/jcl.1.2025.3
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Peculiarities of the Implementation of Economic Rights at the Municipal Level

Ruslan Bedrii
Ukrainian Journal of Constitutional Law
Ukrainian Legal and Forensic Studies
article

Peculiarities of the Implementation of Economic Rights at the Municipal Level

Ruslan Bedrii
article en

Abstract

The article deals with the issues related to determining the legal nature of municipal economic human rights and their constitutional and legal support and implementation under challenging martial law conditions in Ukraine.The author emphasises that the majority of individual rights (including economic rights) are exercised at the level of territorial communities.Therefore, clearly defined characteristics of municipal human rights as a relatively personified systemic entity are distinguished.At the same time, the author notes that over the past two decades, the national municipal law science has gradually formed a clear trend towards distinguishing a person (resident) with an independent status characteristic, where a person is a member of a territorial community endowed with specific municipal rights and freedoms.It is substantiated that in the municipal legal mechanism for implementing the tasks and principles of local selfgovernment, an important role belongs to economic rights, the reality and guarantee of which is an indicator of the efficiency of the economic life of territorial communities.These rights have both constitutional and civil significance and content, as well as the municipal-legal dimension of their existence, due to which they can perform a system-forming function in implementing the economic foundations of local self-government.The author proves the expediency of distinguishing between collective and individual municipal economic rights enshrined primarily in the Constitution of Ukraine and the Law of Ukraine 'On Local Self-Government in Ukraine'.Moreover, the exercise of municipal economic rights has become highly complicated due to the fullscale russian armed aggression in Ukraine, which began on 24 February 2022.In this context, the special relevance of the problems of restoring the communal sector of the economy and ensuring the economic rights

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