The article considers the issue of creation and implementation of human rights in local self-government from the point of view of the subject of municipal law as a branch of law of Ukraine. The phenomenology of municipal human rights in the context of their rise, development and understanding as a new constant of national municipal and constitutional law is studied. The author’s definition of municipal human rights is given and the doctrinal analysis of approaches to the interpretation of their content, types, principles, and forms of effectuation is carried out.

        The aim of the article is to ground the conceptual approaches to understanding the peculiarities of the implementation of human rights, both in the context of the organization and activities of local self-government and the general processes of civil society and the rule of law; understanding of causes, factors and regularities of their development in the context of formation of territorial communities; analysis of the processes of evolution of municipal human rights in the system of municipal law.

        It is argued that obstacles to the evolution and recognition of these rights are terminological confusion, lack of common methodological approaches to real and proper recognition of the territorial community before the law, its subjective structure, as well as indecision and lack of real steps in applying new scientific doctrinal approaches existing in the modern doctrine of municipal law.

       The authors claim that having an individual, group, collective legal status enshrined in the constitution (resident, citizen, foreigner, etc., as well as their respective role positions in the territorial community), a person significantly complements it with its municipal status, which actually leads to the emergence of the phenomenology of municipal man.

Bibliography

Authored books

1. Bajmuratov M і Grigor’ev V, Municipal’naja vlast’: aktual’nye problemy stanovlenija i razvitija v Ukraine (Juridichna lіteratura 2003) (in Russian).

2. Batanov O, Munitsypalna vlada v Ukraini: problemy teorii ta praktyky (Iurydychna dumka 2010) (in Ukrainian).

3. Batanov O, Munitsypalne pravo Ukrainy: pidruchnyk (Odysei 2008) (in Ukrainian).

Journal articles

4. Baimuratov M, ‘Munitsypalna vlada v systemi publichnoi vlady v Ukraini v umovakh munitsypalnoi reformy’ (2018) 1 Visnyk Akademii pratsi, sotsialnykh vidnosyn i turyzmu 43 (in Ukrainian).

5. Boiarskyi O, ‘Stanovlennia fenomenolohii munitsypalnoi liudyny v mezhakh hromadianskoho suspilstva i derzhavy’ (2020) 2 Chasopys Kyivskoho universytetu prava 116 (in Ukrainian).

6. Rusanova S, ‘Munitsypalni prava chleniv terytorialnoi hromady: poniattia ta klasyfikatsiia’ (2009) 2 Forum prava 369–74 (in Ukrainian).

Theses

7. Trachuk P, ‘Uchast hromadian Ukrainy u mistsevomu samovriaduvanni’ (dys kand yuryd nauk, 2003) (in Ukrainian).

Conference paper

8. Bondar N, ‘Mestnoe samoupravlenie munytsypalnye prava hrazhdan’ v Mestnye sovety v usloviyah politicheskih i ekonomicheskih reform: sbornik nauchnyh rabot (1991) 77–88 (in Russian).