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Legal nature of a municipality as a criterion of specifying the corporate and other models of local governance
Abstract.The research subject is the legal nature of a municipality as a ground for classifying local governance models. The author emphasizes the difference between the approaches to local governance based on the differences between the interpretations of a municipality as a “territorial pubic association” within the continental approach and a “municipal corporation” within the Anglo-Saxon approach. The author analyzes the influence of the respective concepts on the functioning of local governance as a whole, confirmation of the subjects’ right to local governance and its implementation. The study is based on general scientific methods which include normative analysis and the method of comparative jurisprudence. The scientific novelty of the study consists in specifying the range of local governance models on the basis of the criterion of legal nature and the status of municipalities. The author specifies the corporate, communal and post-communal models. The author characterizes each of the models on the basis of the determined criterion.
Keywords: municipal corporation, territorial association, post-communal model, communal model, corporate model, models of local governance, legal nature of municipality, continental approach, anglo-saxon approach, criteria of classification
Article was received:27-11-2017
This article written in Russian. You can find full text of article in Russian here .