Local self-government in public and private law: latest experience

Abstract

Local self-government is one of the major institutions of civil society. Most democracies in the world have a developed system of local self-government, to which a number of state functions are delegated. To characterize this institution and clarify its inherent features of private and public law, it is necessary to study modern systems of local self-government and theoretical achievements in the field of private and public law. The work aims to analyze local self-government given the features inherent in public and private law. The object of research is local self-government in public and private law. The following methods were used during the study: analysis of regulations, articles and monographs, comparisons, abstractions, analogies, and generalizations. The study of the question of the attribution of local self-government as a subject of law to private and public law revealed a number of features that are characteristic of both public and private law. Based on the analysis of the scientific literature, the main characteristics of the system of local self-government in the world are determined, in particular, on the example of such countries as the USA, Great Britain, France, and Japan. Based on the theoretical achievements of legal scholars on private and public law, it was possible to identify their differences, basic features and, on this basis, to conclude that local government is characterized by features of both private and public law.