Constitutional and legal status of the starosta: general characteristics

Autor: V.K. Petrushevska
Rok vydání: 2022
Zdroj: Analytical and Comparative Jurisprudence. :91-96
ISSN: 2788-6018
DOI: 10.24144/2788-6018.2022.05.17
Popis: The article substantiates the constitutional and legal status of the starosta as an official of local self-government in the conditions of decentralization of power. The normative provision of the legal status of the starosta is characterized and it is proved that the constitutional and legal norms are its basis. At the same time, the wide discretionary powers of local councils allow providing specific qualities of the starosta through the approval of the relevant Regulations on the starosta. The starostais entrusted with significant responsibility for ensuring the full-fledged life activities of citizens and, accordingly, significant burdens.The structure of the legal status of the starosta is defined, which includes: legal norms and legal principles that issue such a legal status; legal personality, grounds, procedure for acquiring and terminating status; rights, duties, and restrictionsassociated with the status of starosta; functions and repetition; responsibility of the starosta and its grounds; activity guarantees. The mayor performs representative, organizational administrative, control and executive functions, as well as ensuring the rights and freedoms of citizens. The proper performance of these functions depends on legal means that ensureand protect the rights and duties of the sta rosta, ensure the implementation of his legal status, as well as the protection and restoration of his rights in the event of a violation. The legal status of the starosta is special in its content, but it is based on the general constitutional status of a person and a citizen. The transitory nature of the legal status of the starosta is known, that after its legal consolidation, a process of constant development takes place. It has been proven that at the current stage there are no complete and comprehensive scientific studies of the constitutional and legal status of the starosta, which determines the importance and relevance of this study. Thesystem of guarantees for the activity of the starosta is one of the least researched issues in constitutional and municipal law. Currently, the established number of guarantees for the activity of the starosta needs to be strengthened through the expansion of special guarantees, the last set of guarantees are general and do not reflect the specifics of the specific legal status of the starosta.
Databáze: OpenAIRE