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It is observed that there are some problems in obtaining the data needed for urban and rural population in various platforms, especially in the academic field in Türkiye. The data published by the Turkish Statistical Institute (TurkStat) are used to provide the data needed by these platforms. The data published by TurkStat contains errors due to the laws numbered 6360, 5393 and 5216. Due to these laws, urban population figures published at the provincial level in Türkiye do not reflect the truth not only in provinces with metropolitan municipalities but also in 51 provinces without metropolitan municipal organizations. In 30 provinces with metropolitan municipal organizations, the legal entities of villages have been abolished due to Law No. 6360 and these villages are considered as neighborhoods. In this framework, there is no rural population in 30 provinces. In the other 51 provinces, TurkStat publishes village and municipality populations. The institution uses municipality populations as urban population. In almost all past and current studies, TurkStat's data for the urban population of the 51 provinces without metropolitan municipal organizations are accepted as correct and used. In this context, it is thought that there is a problem with urban and rural population determination only in provinces with metropolitan municipalities due to the law, while there is no problem in other provinces. However, TurkStat's data on the urban population of these provinces are also inaccurate due to the provisions of Law No. 5393. Article 8 of Law No. 5393, which regulates mergers and mergers, allows some villages to be included in municipal boundaries. Since TurkStat uses municipality populations as urban populations, there are errors in the urban population data of 51 provinces that do not have metropolitan municipal organizations. This situation is also valid for Kastamonu province, which is the subject of the study. In order to determine the urban population of the 51 provinces that do not have metropolitan municipal organizations such as Kastamonu, the status of the neighborhoods within the municipal boundaries should be examined. Whether the neighborhoods are part of the city can be solved with the help of field studies, employment data and satellite images. As a result of the study, it was seen that the urban and rural population values produced by TurkStat for Kastamonu province do not reflect reality. [ABSTRACT FROM AUTHOR]

The purpose of conducting this research is to find out whether the selling authority of the abandoned streams within the legal boundaries and the protection zone of the cities lies with the Ministry of Energy or the municipality. So that the owners of the properties adjacent to the abandoned creeks know from which of these authorities they should buy the bed of the abandoned creek in order to combine it with their property. In this research, which was carried out in a descriptive-analytical way and with a library method, referring to the available sources in this field, it was concluded that the beds of abandoned natural streams that will not be used in the future and are within the legal and privacy limits of the protection of the cities and the abandoned unnatural streams that are located in this area can be sold by the municipality to the owners of the adjacent properties in order to merge with that property, based on Note 6 of Article 96 of the Municipal Law, and Article 2 of the Law on Fair Water Distribution, does not have the power to override Note 6 of Article 96. However, if the natural stream is registered by the Ministry of Energy, its subsequent abandonment has no effect on the matter, and in any case, the municipality will not be able to sell such a stream in terms of registration in the name of the Ministry of Energy on behalf of the government. [ABSTRACT FROM AUTHOR]

Establishing a municipal governance system is a long process focused on selecting the best practices that have proven to be effective and efficient. One of the methods is the transit of elements of municipal systems borrowed from other countries. The experience of ensuring democratic participation of the community formed in Germany is of interest. The purpose of the article is to identify the components of the German model of municipal governance that can be used by Ukraine to improve the efficiency of the national system of local self-government and bring it closer to EU standards. The elements of the comparative analysis in the article are the analysis of the institutional model of municipal governance and its state and political basis; determination of the specifics of the distribution of powers between the state and local governments and the nature of community participation in local self-government; characterization of the system of financial guarantees and the budget system; determination of the principles of cooperation and coordination of municipalities. The article uses the methodology of comparative analysis based on the identification and analysis of the legal, structural, organizational, political and economic components of municipal governance in Ukraine and Germany. [ABSTRACT FROM AUTHOR]

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The research relevance is determined by the fact that in Ukraine, digital and information processes are increasingly popularised in the activities of local self-government bodies, allowing for prompt resolution of certain community tasks. However, the legislation in this area does not fully meet the requirements for the use of information and communication technologies. The study aims to analyse the powers of local self-government bodies to use information and electronic resources in their activities. The main research method used was the systemic and structural one, which helped to determine the specifics of the use of information and communication technologies. The results of the study show that Ukrainian legislation fragmentarily regulates information and communication relations of local self-government bodies. It is proposed to adopt a specialised legislative act. It is determined that local self-government bodies have a fairly significant number of information and communication technologies and e-government tools. It is found that it is expedient for Ukrainian local self-government bodies to adopt the experience of the Republic of Poland in using the crowdsourcing tool, but for its implementation, it is necessary to adopt an appropriate legal act and allocate adequate funding. The author emphasises the importance of the opinion of the international European community in the field of information support for the activities of public authorities and local self-government within the framework of bilateral partnership. The author emphasises the need to consider the financial capacity of Ukraine to maintain and develop new information and communication technology tools under the legal regime of martial law. The practical significance of the results obtained is that they encourage the introduction of new information and communication technology tools in the work of local self-government bodies.

Municipal law can be defined as all law relating to towns: it is a set of legal norms that regulated the relationship of townspeople to the monarch and regional institutions, as well as the citizen to citizen relations. It was about all the law to which the citizens were subject or governed themselves. From the point of view of sources of law, municipal law includes all forms – privileges, decrees (laws), but also autonomous statutes and custom. The basis of the study is the sources of municipal law in the narrower sense of the word, namely the area of law within the competence of municipal authorities that regulated relations within the city. It uses sources of law created in the environment of medieval cities (law books of the cities of Bratislava and Buda, Codex tavernicalis and indirectly also reports from courts), which allow a glimpse into the daily life of medieval citizens. The contribution will focus on two aspects of the presence of alcohol in the life of a medieval person. What role did drunkenness/sobriety play in the judicial process, both in relation to the decision-making processes of the court itself, and in relation to offenses by defendants or victims (mitigating circumstance, full awareness for committing the act). The second aspect captured in municipal law is the disputes and rules regulating the relations between citizens and winegrowers, which colourfully portray the daily life associated with the finishing and bottling of wine.

It has been established that the institutions of Municipal Law are the key elements of the studied branch of law. This is due to the fact that they are more clear, specific and homogeneous regulatory elements with regard to their subject matter, which allows making certain structural and substantive changes to them without affecting other components of the Municipal Law system. The division into institutes helps to group legal norms that are homogeneous in terms of subject matter and methods of regulation, which contributes to a clearer definition of the main directions of the regulatory impact of Municipal Law and ensures more meaningful and efficient regulation of relevant legal relations, as well as the internal integrity and autonomy of the Municipal Law system. The following are proposed to be classified as the institutions of Municipal Law: general principles of local self-government (constitutional and legal norms); guarantee of local self-government; exercise of power by the people through local self-government bodies; principles of organisation and operation of local self-government entities; local elections and referendums; various forms of direct participation of citizens in resolving local issues; territorial communities; executive bodies of village, town, city, district and city councils; village, town and city heads; institution of representative bodies of local self-government; communal property; local budget and local finance; responsibility of local self-government bodies and officials. It has been noted that the above-mentioned institutions of Municipal Law are not exhaustive, but they reveal the essence of the relevant branch of law in the most meaningful way. It has been emphasised that an important task of the legislator is to create appropriate legal and organisational conditions for ensuring high-quality and efficient functioning and interaction of all municipal law institutions.

Objective: to research the trends of development of the “smart cities” concept and their legal regulation.Methods: general scientific (induction, deduction) and special (systemicstructural, comparative-legal analysis) methods were used. Also, review analysis was applied to analyze the status quo of “smart cities”. Innovative research approaches are still rare in considering the “smart cities” concept, as well as the prospects referring to targeted knowledge management and cooperation between the respective stakeholders. As for the special research methods for studying digital relations, we used content analysis (the method of creating reproducible and substantiated conclusions from texts (or other meaningful materials) in the context of their use). As the results of previous research and concepts referring to “smart cities” are available, we also used deductive content analysis.Results: a characteristic is given to public relations formed within the process of development of “smart cities” concept. The key legal acts, principles of formation and functioning of “smart cities” are identified, taking into account the Russian and foreign experience. In this connection, the examples of successful practices are given, of the activities of both Russian and foreign municipal entities, taking into account the competitions held and rankings determined by the central structures. The popular directions are summarized, which are broadly introduced at the local level, and the probable problems are identified in the sphere of implementation of this project in our state.Scientific novelty: the article carries out an analysis of the current legal regulation and the results of introducing the “smart cities” concept. The promising technologies and methods are identified, which are necessary to achieve the tasks of the concept implementation. The elements are specified, which ensure sustainability of “smart cities” complying with the future demands. An author’s position is expressed regarding a close interrelation of this phenomenon with the institute of local self-government in the context of possible development of the latter into the process of making managerial decisions involving artificial intelligence. This concerns, first of all, using the potential of the Internet of Things. In practice, a lot of problems occur, associated with the implementation of normatively stipulated provisions, which implies the need to perform further research in the sphere under study.Practical significance: is due to the insufficient development of data about the features and prospects of introducing the idea of “smart cities”. The provisions of the research performed will allow effectively improving the mechanisms of legal regulation and broad implementation of the concept under study.

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities. However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state. It is proven that the legal features and qualifications of the functions of municipal law find their logical continuation in each independent group of these functions, which can be distinguished according to the appropriate division criteria. These criteria, which are the basis for the classification of functions of municipal law, should include: a) objects of influence of municipal law. According to this criterion, it is necessary to distinguish such objective functions of municipal law, from among the main ones, such as political function, economic function, social function, ideological function and corresponding external functions of municipal law; b) ways and means of influence of municipal law on relevant social relations. Such functions should include regulatory, establishing, protective, control, integrative (system-forming), law-making, law-enforcing, informational, axiological and a number of other functions of municipal law; c) conditions of influence of municipal law on relevant social relations. Such functions should include temporal (permanent and temporary) and territorial (national and local). These criteria are the main criteria for the classification of functions of municipal law and do not exclude the possibility of identifying other criteria that would make it possible to improve their classification. [ABSTRACT FROM AUTHOR]

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities. However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state. Characteristic signs of functions of a Municipal Law are analyzed. The functions of municipal law should be considered exclusively in the focus of the subject and method(s) of municipal law. Therefore, they are inextricably linked with the functions of municipal power and the functions of municipal human rights. Based on the above and other characteristics, the functions of municipal law as a branch of law should be defined as the main directions and types of influence of municipal law on social relations that arise in the process of recognition, formation, organization and exercise of municipal power, as well as the implementation and protection of municipal rights a human's. [ABSTRACT FROM AUTHOR]

The article examines the problems of defining the subject of municipal law as a branch of Ukrainian law. The phenomenology of municipal law is studied in the context of its genesis, development and understanding of the subject of municipal legal regulation. It is proved that the subject of municipal law as a branch of national law should be considered social relations that arise in the process of recognition, formation, organization and exercise of municipal power, as well as the realization and protection of municipal human rights. The article provides a doctrinal analysis of approaches to interpreting the content of relevant social relations. The issue of the principles and forms of implementation of municipal law was raised. It is stated that the urgent task of the modern municipal legal doctrine is the search for the main characteristics of the subject of municipal legal regulation, that is, the generalized criterion that allows to attribute the social relationship to the number of proper municipal legal relations. Municipalism and community organization at the municipal level - the municipal system - should act as such a characteristic. For the first time, it was proposed to introduce the category «municipal system» into scientific circulation. According to the author, the municipal system is a system of social relations and principles related to the exercise by territorial communities of their functions and powers as the primary subject of local self-government, as well as the implementation of historical, socioeconomic, spiritual-cultural, ethno-national and other features and traditions of their municipal life, which are recognized and protected by the Constitution and other acts of positive law. It is a kind of system-conglomerate structure, a synergistic combination of the principles of local self-government and heterogeneous elements and processes of municipal life (human rights, freedom, democracy, power, territory, property, etc.). It is claimed that the municipal system is one of the basic criteria for the formation of the subject of modern municipal law. [ABSTRACT FROM AUTHOR]

Research relevance. The article is devoted to the 95th anniversary of the publication of the two-volume book by Professor L.A. Velikhov "Urban economy fundamentals: general theory on cities, urban management, finances and economic management methods" (Moscow - Leningrad. Gosizdat. 1928. - 468 p.). In essence, this book was the last major scientific paper published in the USSR, the research subject of which was local self-government. Later, in 1930-1950s, references of this phenomenon in the Soviet Union were only negative, commonly as of the bourgeois democracy institution. This is why Velikhov's work gained its second fame only in the 1990-s in connection with the revival of self-government relations, theoretical and practical experience of municipal authorities development and functioning in modern Russia. The methodological base is made up of general and particular scientific research methods: analysis, synthesis, comparison, historical-legal and formal-legal methods of understanding objective reality. While working on the article, the text of the "Urban economy fundamentals" monograph by L.A. Velikhov was studied, as well as publications dedicated to it and the author's scientific activity. Research results and conclusions. Based on the research results, the conclusion was made about the impact of Velikhov's heritage on the development of the current Russian local government legislation, bringing it closer to state power, municipal law and management in the meaning of independent fields of legal and managerial science and the corresponding academic disciplines.

LYSÝ, Miroslav.The relationship between plots of land and things connected with them on the basis of the Žilina law book. Historický časopis, 2022, 70, 3, pp. 385–402, Bratislava. The paper based on the analysis of municipal law in the town of Žilina is concerned with legal relation of plots of land and the things attached to them. The town code of Žilina was an expression of the Magdeburg law and it reached Žilina through the influence of the town of Krupina. The tavernical law is also analysed, as well as some other Hungarian sources related to municipal law (especially the Opus Tripartitum). The analysis of these sources suggests that in spite of the absence of the superficies solo cedit principle as a visible rule, all disputable things related to the connection of a plot of land and a movable property or a construction are consequently solved by the unity of the property of such a plot of land and a thing connected to it. Such a solution can also be found especially in cases like constructions or other objects on a rented plot of land, but also in some other cases, like a flight of a hive to another plot of land. Conclusions formulated in this study are collected mostly from the area of the Žilina law or the tavernical law, but in contrast, such solutions are not to be found in the Bratislava law or in other towns. This fact is probably caused by the lower urbanization level of Žilina in contrast with Bratislava and in the density of constructions of these areas. By higher density of construction we can presume the lower level of constructing on such rented plots of land. If we can find such examples from the towncode of Žilina, it is possible to generalize this for other towns, too.

In the autumn of 2020, the armed conflict over and in the Nagorno-Karabakh escalated for the next time in its 30-year history of existence. Unlike the 90s, the escalation and military actions lasted not 4 years, but 44 days. Military operations were suspended by a truce reached with the assistance of the Russian Federation. As a result of the military actions, Azerbaijan regained control over all its occupied territories around its former autonomous region of Nagorno-Karabakh and a significant part of the former autonomous region itself. Azerbaijan has declared the end of the conflict, but Armenia has not. The dispute between the parties and some questions remained. In this article, we explored some of these issues, in particular: what was the conflict – ethnic or territorial? Why did the first administrative-territorial decision based on self-government in the form of autonomy within the USSR not work? And how the current system of local self-government in Azerbaijan can solve the remaining problems and demands of Armenians living in the mountainous part of Karabakh to obtain self-government. The study examines the issues of legal regulation of municipal legal relations.

The Moravian legal handbook, Manipulus vel directorium iuris civilis, written by Jan of Gelnhausen in the second half of the 14th century represents an important source directly connected to the older Law Book of Jan the Notary (Brno, Czech Lands). Manipulus reflects an extensive body of interpretive rules and definitions which his author, Jan of Gelnhausen, took over from some medieval manuscript including 16th and 17th title of 50th of Digest, an integral part of the Corpus iuris civilis. The aim of this paper is to introduce the section De regulis iuris et de verborum signification, which includes the regulations adopted from those titles of Digest and reflects on the origin of one modified rule and its comment. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Yearbook of International Law is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The institution of municipality during the Qajar era faced many obstacles and problems from its establishment until the first Pahlavi era. After the constitutional revolution and the approval of the municipal law, different provinces of Iran were required to establish and implement municipal laws. This law was formalized in the port of Bushehr in 1909. The role and position of Bushehr in the political and economic equations of the Persian Gulf and southern Iran. It can be considered effective in this matter. At the same time as the Pahlavi era, Bushehr Municipality became one of the most important institutions and modern urban institutions in the field of public services. The present study seeks to investigate the formation of the municipal association in Bushehr and its historical history during the Qajar period, the role of the municipality as a new institution in the urban structure of Bushehr during the first Pahlavi era, and the performance and consequences of the municipality's actions in urban developments. The findings of the research indicate that despite financial poverty, lack of facilities and lack of urban infrastructure, lack of proper budget and non-cooperation of government organizations with the municipality in Bushehr, this executive body by presenting construction and social plans And health was able to fulfill its initial goals to a large extent. The consequences and results of the municipality's actions in the field of construction, health and improvement of city streets during the first Pahlavi period have been defensible. [ABSTRACT FROM AUTHOR]

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The coming calendar year is marked by the fulfillment of the sixtieth anniversary of the Patrice Lumumba University of Peoples' Friendship (later was renamed to Peoples' Friendship University of Russia, RUDN) was founded. Within these sixty years the Faculty of Economics and Law, the Faculty of Law have been operated until the Law Institute, maintaining continuity, took the place. As one of the university graduates and a student of prominent Soviet scholars who stood at the origins of several schools of comparative law that currently exist, the author attempted to follow the dialectical process of formation, development and systematization of the scientific school of comparative constitutional and municipal law that is connected not only with the special nature and features of teaching foreign and domestic students, but also with significant achievements in the field of preparation of candidates in and doctors in this specialty. Contrary to other universities, comparative legal analysis was using as a basis for preparation of domestic law specialists for the states set free from colonial dependence and that explains the choice of regional and country-specific research model for forms of government, administrative organizational structures, political regimes of leading Asian, African and Latin American states with “socialistic” or “capitalistic” orientation. These mentioned states took the path of independent civilizational development, came through the periods of sovereignization and “decolonization” of wide range of political, economic and social relations. The formation of the “grounds” for African, Latin American, Arab-Muslim, Indian comparative studies is connected with the Department of Theory and History of State and Law, within which the scientific foundation of the school of comparative constitutional and municipal law was laid, the “baton was picked up”, at first, by the Department of Constitutional, Administrative and Financial law, and then by the Department of Constitutional and Municipal law, Constitutional law and Constitutional justice and Municipal law that maintained and updated the best traditions related to the training of Russian and foreign students, postgraduate students and doctoral students. At the present stage, comparative law is experiencing a new stage, caused by interest in the processes taking place in the United States and the European Union.

Pipeline projects in Canada often polarize citizens and governments from coast to coast. While the approval of such projects may seem simple from a constitutional standpoint, recent events show that legal realities and complexities truly add some grit in the works of pipeline projects even if the federal government is constitutionally responsible for the ultimate approval or refusal of projects because of their interprovincial nature. In fact, the passage of a pipeline involves a number of other considerations and fields of law, such as the environment, land use planning, risk management, and human rights, which are within the jurisdiction of federal or provincial legislatures, or both, and also increasingly the business of municipalities. While municipal powers continue, twenty-five years after important statutory reforms were launched, to be considerably limited by the provinces, courts have made it clear that municipal by-laws apply to federal pipelines, unless they have an excessive or serious detrimental effect on the construction or exploitation of such an undertaking, or if they contradict the operation or the purpose of federal legislation. It is in this multi-layered context that this article discusses the legal autonomy of Canadian municipalities in regard to the pipeline debate in Canada, exploring the content, the extent, and the limits of their powers. [ABSTRACT FROM AUTHOR]

The Porto Metropolitan Area (Área Metropolitana do Porto, AMP) is a framework of cooperation between 17 municipalities and several districts. This metropolitan area has a specific, inter-municipal model of urban governance. In our research, we found that cooperation is significant mainly in sectors where the central legislature has essentially made this mandatory, by designing the AMP and defining its powers. In addition to AMP, only partial cooperation has been established in the field of waste management, and in the field of human public services and in the performance of public authority, there is essentially a set of autonomous organisational solutions. However, despite all this fragmentation, the above system ensures the satisfactory functioning of the metropolitan agglomeration. This also underlines the importance of transport management in urban areas, since this functioning system is based on an integrated and intermodal transport system

Using the example of Frankfurt am Main, this article traces the development of the employment relationships of municipal employees between the last quarter of the 14th century and the early 19th century, on the basis of the collection of their contracts, the so-called service letters. The contents of this collection determine the study’s chronological range. All sectors of the municipal service are covered. The study also highlights the limitations of the source material regarding the employment of women and socially marginalised groups.Key aspects studied are fundamental contractual problems such as contract duration and termination, salary, risk distribution and disciplinary measures. Particular attention is paid to the resolution of conflicts between the city and its employees, including the problems of limitations on legal recourse, the settlement of conflicts before the highest courts of the Empire, and the methods and motives of consensual dispute resolution. The study also considers how the findings from Frankfurt relate to the situation in other cities of the Holy Roman Empire. Furthermore, it focuses on the historical context of the changes in contractual practices and clauses. Important events in the city’s political and constitutional history, such as the attainment of the status of imperial city, the Reformation, and the 17th- and 18th-century conflicts between the city authorities and its citizens, had considerable influence on Frankfurt’s administration and municipal service system.Finally, the findings will be integrated into a number of early modern research narratives, such as the concept of gute Policey, social disciplining, and professionalisation, as well as more recent research questions of exchange fairness and of asymmetric dependence. The various analytical approaches together reveal a co-evolution of municipal administration and employment relationships that led to the emergence of a municipal civil service.

Les projets d’oléoducs au Canada divisent souvent les citoyens et les gouvernements d’un océan à l’autre. Bien que leur approbation puisse sembler simple sur le plan constitutionnel, l’actualité récente montre que des réalités et complexités juridiques ajoutent vraiment des grains de sable dans les rouages des projets d’oléoducs, même si le gouvernement fédéral est constitutionnellement responsable de l’approbation ou du rejet ultime de ces derniers en raison de leur nature interprovinciale. En fait, le passage d’un oléoduc exige de tenir compte d’autres considérations et domaines du droit, comme l’environnement, l’aménagement du territoire, la gestion des risques et les droits de la personne, qui relèvent de la compétence des législatures fédérale ou provinciales – ou des deux – et qui, en outre, concernent de plus en plus les municipalités. Si vingt-cinq ans après le lancement d’importantes réformes législatives les pouvoirs municipaux sont encore considérablement limités par les provinces, les tribunaux ont d’ailleurs clairement établi que les règlements municipaux s’appliquent aux oléoducs fédéraux à moins d’avoir un effet préjudiciable grave ou excessif sur la construction ou l’exploitation de tels projets ou d’aller à l’encontre de l’application ou de l’objet de la législation fédérale. C’est dans ce contexte à plusieurs niveaux que cet article traite de l’autonomie juridique des municipalités canadiennes dans le cadre du débat sur les oléoducs au pays, en examinant le contenu, l’étendue et les limites de leurs pouvoirs.

The beginning of the next calendar year marks sixty years since the Patrice Lumumba University of Peoples' Friendship (later was renamed to Peoples' Friendship University of Russia, RUDN) was founded. Within these sixty years the Faculty of Economics and Law, the Faculty of Law have been operated until the Law Institute, maintaining continuity, took the place. As one of the university graduates and a student of prominent Soviet scholars who stood at the origins of several schools of comparative law that currently exist, the author attempted to follow the dialectical process of formation, development and systematization of the scientific school of comparative constitutional and municipal law that is connected not only with the special nature and features of teaching foreign and domestic students, but also with significant achievements in the field of preparation of candidates in and doctors in this specialty. Contrary to other universities, comparative legal analysis was using as a basis for preparation of domestic law specialists for the states set free from colonial dependence and that explains the choice of regional and country-specific research model for forms of government, administrative organizational structures, political regimes of leading Asian, African and Latin American states with “socialistic” or “capitalistic” orientation. These mentioned states took the path of independent civilizational development, came through the periods of sovereignization and “decolonization” of wide range of political, economic and social relations. The formation of the “grounds” for African, Latin American, ArabMuslim, Indian comparative studies is connected with the Department of Theory and History of State and Law, within which the scientific foundation of the school of comparative constitutional and municipal law was laid, the “baton was picked up”, at first, by the Department of Constitutional, Administrative and Financial law, and then by the Department of Constitutional and Municipal law, Constitutional law and Constitutional justice and Municipal law that maintained and updated the best traditions related to the training of Russian and foreign students, postgraduate students and doctoral students. At the present stage, comparative law is experiencing a new stage, caused by interest in the processes taking place in the United States and the European Union.

Entrado el siglo XIII los fueros extensos castellanos resultan vaciados de contenido por los avances de la legislación real aplicada a todo el Reino, sin embargo, existen distintos ámbitos en los que se encuentran pervivencias, al menos, durante el siglo XVI. En este estudio se pasa revista a algunas de estas pervivencias a partir de dos ejecutorias de la Real Chancillería de Granada, relativas a los Fueros de Consuegra y Requena. Throughout the thirteenth century the extensive Castilian fueros were emptied of content due to the advance of royal legislation applied to the whole kingdom. However, there are different areas in which we find a continued existence, at least during the sixteenth century. This study considers some of these elements that have managed to survive from two judicial rulings of the Real Chancillería of Granada, relative to the Consuegra and Requena fueros.

The destruction of the Soviet model of public administration in the early 1990-s and the reform of local government gradually laid the necessary preconditions for the formation and development of local self-government, and later the emergence of a qualitatively new branch - municipal law. The basis for the formation of the institution of local self-government and the development of a new branch of law was the theory of the rule of law; the idea of a social contract as the idea of a government based on consent; development of the concept of separation of power horizontally and vertically; civil society theory; liberalism, which declares that the initiative (active), free economic and political activity of individuals is a real source of progress in public life. This is due to the formation of local self-government not only as a form of citizens to solve the most important issues of the territorial team, but also the perception of its properties as one of the main institutions of Ukrainian statehood. The aim of the article is a generalized analysis of approaches to define the concept of "municipal legal relations", highlighting specific features of municipal legal relations as a subject of municipal law, development of theoretical and applied recommendations for improving the regulation of municipal legal relations. Theoretical problems of proving the separation of municipal law, identifying and disclosing the specifics of the block of social and legal relations, which establish distinctive, specific features of the relationship, characteristic only of the subject of municipal legal regulation. It is proved that in the scientific literature when defining the concepts, essence and types of municipal legal relations there is mainly the dominance of public law bias, which does not fully reflect the specifics of municipal law, because still remain uncovered social relations arising in connection with self-organization and self-government of territorial collectives and communities to resolve local issues (self-taxation, resolution of other issues at the general meeting of citizens at the place of residence, cooperation of territorial communities, etc.). The problem of the correlation of local self-government and municipal law is analysed. It is substantiated that local self-government is the material basis for the formation of municipal law. With the development of local self-government there is a wide range of public relations of public (power-political) nature, associated with the functioning of bodies and officials of local self-government, and private relations arising from selforganization of the population to address local issues, conducting economic, business and other activities not prohibited by current legislation of Ukraine. The regulation of public relations in the field of local self-government is carried out by means of legal norms, and not only municipal, but also civil, financial, labour, etc., and therefore, despite the close connection of these two concepts, they cannot be identified. Highlighting the specific features of municipal legal relations, their qualitative homogeneity, based on such elements as the subject, object and content of public relations, further improvement of the municipal law system is key to sustainable development of local self-government in Ukraine. [ABSTRACT FROM AUTHOR]

The article considers the role of trans- and interdisciplinary methodology in the interpretation of modern knowledge and understanding of the subject of municipal law of Ukraine. The author's definition of trans- and interdisciplinary approaches to the explanation of the components of the concept and subject of municipal law is given. The article aims to substantiate objective approaches to the integration of sciences, which can be defined on the basis of analysis of the process of autonomy of scientific knowledge by all humanities and other sciences, understanding the features and patterns of disciplinary development of the science of local self-government, analysis of the processes of allocation in the frame of legal science of municipal law as a branch of law. Trans- and interdisciplinary approaches that ensure the integration of scientific knowledge of local government at the design stage of scientific and legal research are scrutinized as achieving mutual exchange of scientific results and, finally, the interconnected development of certain branches of scientific knowledge and new science field, which is formed in the process of mutual exchange of information on local self-government. The concept of "interdisciplinarity" in the article is used in different meanings and contexts, mainly as a tool in relation to the subject of research - local government. The author defines the ontological and epistemological bases of integration of scientific knowledge about local self-government, which is the basis of the subject of municipal law. Municipal law combines two internally opposite components of the subject (public and private) and method (subordination and coordination), which creates a special regime of municipal regulation. Along with traditional methods, relatively independent methods are developed, namely value orientations and the principle of proportionality or the doctrine of balance, which determine the uniqueness of modern municipal influence and help protect the right of local self-government in the constitutional process. Trans- and interdisciplinary theory of civilized determination of law allows us to study current trends in the current system of local self-government in Ukraine. Systematic understanding of municipal law is focused on the perception of the system of local selfgovernment, i. e. the legal system, which is purposefully established set of rules and consists of purposeful components - municipal legal institutions - and which are part of a more purposeful legal system of Ukraine. [ABSTRACT FROM AUTHOR]

The article examines the doctrine of municipal law as a field of law. Various approaches and aspects of understanding municipal law in terms of theoretical and methodological understanding of the doctrine of municipalism, municipal human rights and municipal government are considered. The question is posed due to the fact that the question of the subject and legal method of municipal law, its position and role in the legal system, legal nature, principles, functions are among the most controversial in modern jurisprudence. The aim of the study is to extend the doctrinal basis of municipal law as a separate branch of law. The most productive results and the best conclusions about the problems of municipal law in the general theory of law and municipal law science can be obtained only by using a comprehensive conceptual-municipal approach, considering, for example, the formation and development of municipal law in the evolutionary process of local government and municipality. With such a methodological approach, the phenomenon of municipal law must be considered not only in the context of its conceptual and normative-legal model, but also as a manifestation of objective reality, which has not only normative and functional-teleological characteristics as part of national legislation, but also axiological, epistemological, ontological, civilizational, institutional, subject-object, constitutive, historical, categorical, ideological, economic, mental parameters, which have evolved under the influence of relevant ideas and principles. It is argued that municipal law as a branch of law is a product of the theory of municipalism and centuries-old practice of local self-government, the result of the development of its concepts and models under the influence of principles and key ideas of democracy, rule of law and human rights. This is a peculiar and unique legal model of the state of evolvement of local self-government in a particular country or the world. Therefore, municipal law should be considered not only from the standpoint of recognition of local self-government by the state, but also in synergy with the development of municipal legal awareness and municipal culture, the implementation of municipal human rights, cultivation of belonging to the territorial community, in the general context of constitutionalism etc. In this context, it is argued that municipal law is inherent exclusively to the constitutional state, which not only recognizes, proclaims, but also actually operates the principles of rule of law, anthropocentrism, separation of powers, subsidiarity and decentralization, and so on. It concludes about the nature of municipal law as a separate branch of law, evidence of which is its own subject of legal regulation, peculiar legal structures and categories, a peculiar structure of norms and institutions, a combination of different legal methods. That is, it is a set of internal factors. External system-forming factors that provide municipal law with the status of a separate branch of law, including features of sociopolitical development, constitutional transformations and economic reforms, the influence of natural law, national, historical, spiritual, cultural and other traditions, reception of international standards, and so on are also considered. [ABSTRACT FROM AUTHOR]

This article analyzes the impact of Magdeburg Law on the development of local self-government in Ukraine (XIV-XIX centuries). The author emphasizes that Magdeburg Law is one of the most well-known systems of medieval city law which regulated various political, socio-economic and legal relations of those times. Geographically, it was spread in Central-Eastern Europe, and thus in the Ukrainian lands in the State of Galicia- Volhynia, and after its cessation - in the Ukrainian lands which became part of the Kingdom of Poland, the Grand Duchy of Lithuania, the Polish-Lithuanian Commonwealth, and the Russian Empire. Application of Magdeburg Law in Ukraine was noted for its widespread use by local self-government authorities of the Hetmanate cities and the Kiev city, as well as in the codification of Ukrainian law in the XVIII - early XIX centuries. Despite its broad application in Ukraine, Magdeburg Law is one of the least studied topics in Ukrainian historical and legal science. The article highlights the peculiarities of city law, including Magdeburg Law, and notes its openness and flexibility which contributed to its spread both spatially and mentally. For this reason, Magdeburg Law is part and parcel of European legal civilization and European legal culture. The author brings into focus high adaptability of Magdeburg Law to specific historical conditions and social needs of individual communities. The specific historical development of the Magdeburg Law principles and their detailed legal elaboration entailed its transformation into Ukrainian city law. It is noted that the Ukrainian people, using and developing Magdeburg Law, were in the common cultural and legal space with other European nations which form the basis of the European community today. In the Hetmanate, Magdeburg Law was the nation-wide law, since it was applied for administrative activities of cities, as well as by city and Cossack courts, and during the codification of Ukrainian law. Magdeburg Law, together with Kulm law, Saxon Mirror, Ukrainian customary law and regulatory legal acts of the Hetmanate authorities, became the main sources of the codification of Ukrainian law in the XVIII - first half of the XIX centuries. They are, in particular, "Process of Brief Orders" of 1734, "Economy in Brief", 1734, "Laws by Which the Ukrainian People Are Judged" of 1743, "Lesser Rus' Rights Written Out From the Books of the Statute, Saxon and Order" of 1744-1757, "Justice and Punishment in the Lesser Rus' Rights" of 1750, "Statute Book and Other Lesser Rus' Rights" of 1764, "Extract of Lesser Rus' Rights" of 1767, "Extract From Decrees, Instructions and Regulations" of 1786, "Collection of Lesser Rus' Rights" of 1807. etc. Magdeburg Law contributed to the establishment of civil society and democracy in Ukraine, regulated social life through the prism of legal rules, and laid a legal foundation for appropriate functioning of cities. Almost all of the Ukrainian cities which were part of the State of Galicia-Volhynia, the Kingdom of Poland, the Grand Duchy of Lithuania and the Hetmanate had Magdeburg Law. In the middle of the XVIII century, there were about one thousand cities which had Magdeburg Law. Magdeburg Law had a significant impact on the development of local self-government in Ukraine (XIV-XIX centuries). [ABSTRACT FROM AUTHOR]

Mahalli idareler arasında işbirliği Alman hukukunda uzun bir tarihi geleneğe dayanmakta ve günümüzde de yaygın bir şekilde uygulama alanı bulmaktadır. Almanya Federal Cumhuriyeti’nin sahip olduğu federal sistemde mahalli idareler arasında işbirliği konusunda düzenleme yapma yetkisi federe devletlere aittir. Federe devletlerin bu yetkisi birtakım sınırlamalara tabidir. Bu sınırlamalara riayet etmek koşuluyla federe devletler konu hakkında düzenleme yapma yetkilerini serbestçe kullanabilirler. Uygulamada işbirliği daha çok aynı federe devlet sınırları içindeki mahalli idareler arasında ortaya çıkmaktadır. Bununla birlikte federe veya federal devlet sınırlarını aşacak şekilde, bu sınırların dışında yer alan mahalli idarelerle işbirliği yapılması da mümkündür. Mahalli idareler özel hukuk alanında işbirliğine gidebilecekleri gibi, kamu hukuku usullerini kullanmak suretiyle de işbirliği yapabilirler. Kamu hukuku alanındaki işbirliğinin en yaygın görülen şekilleri amaçsal birlikler, kamu hukuku sözleşmeleri ve çalışma toplulukları yoluyla yapılan işbirliğidir