The system of sources of municipal law

Abstract

Problem setting. The article examines the question of the definition of sources of municipal law from the standpoint
of general and special, discloses criteria of its uniqueness, quantitative and qualitative structure. The diversity of views
on the definition of municipal law as an independent branch of law (sub constitutional or administrative law, complex
area of law, branch of legislation) necessitates the research of sources of law system and its structure. The proper coverage
of the scientific research of this system will determine the understanding of its properties as for independent doctrinal
scrutiny and for separation of municipal law as the branch of legal regulation of modern Ukraine.
Analysis of recent researches and publications. In legal literature the general problem of understanding the sources
of law paid enough attention. This refers to the philosophical and theoretical developments, research features for different
sources of legal and families, their development trends at different stages of development of the state and society, especially
in certain sectors of the national law and so on. With regard to research the appropriate category of municipal law can
determine the writing M. O. Baymuratov, A.V. Batanov, V.I. Bordenyuk, V.M. Campo, M.I. Kornienko, P.M. Liubchenko,
A.V. Priyeshkina, A.F. Frytskiy and others.Target of research. The purpose of this article is to research the sources of municipal law system and its structure
as a set of unique forms of existence of law, which distinguishes this branch of law with others areas of law.
Article’s main body. The special feature of sources of municipal law system is characterized by peculiar only to it
certain forms of implementing the law. These include the decisions of referendums, statutes of communities and community
organizations decisions. Each of these sources is unique by nature as reflecting a meaningful relationship with a concrete
territorial collective, place and importance in the national and local regulation system, legal individuality of form and
content of defined sources.
Sources covered by a single unit not only and not so much as a legal basis for the activity of municipal authorities or
set of acts that include specific areas of legal regulation, or as a result of the municipal structures activity. Taken together,
they create an integrated system of sources whose elements are associated by issues of local importance, a form of providing
general obligation and formal definition, communication with the local population, the peculiarity by legal properties of
its individual elements, unity and variety of tasks of external manifestations of taking into account territorial belonging
to one state.
Elements of the system of sources of municipal law should be researched in species belonging (groups). The actual
number of existing legal acts and acts of local self-government bodies, which are the relevant group of sources, is quite
large. From such point of view the research of this subject is progressive, enables to create a comprehensive, coherent
and a complete theoretical model of the sources of law. The approach in the research by the species belonging solves
many problems of doctrinal understanding of the concept, but not precludes the existence of sources of municipal law,
the elements of which are specific acts of state and local governments.
Conclusions and prospects for the development. Finding a balance of the subject and extent of legal regulation
between all elements of the system, taking into account the fundamental principles of subsidiarity and autonomy will
allow ordering the structure of sources of municipal law as an effective, appropriate and sufficient to ensure the organization
and development of municipal relations.