THE PROBLEMS OF DEVELOPMENT OF LEGAL BASE OF LOCAL SELF-GOVERNMENT

Abstract

The systematic and logical analysis of provisions of the Article 5 Part l Section X of the Constitution as well
as the Law on Local Self-Government and the European Charter on Self-Government allows to state that selfgoverning
institutions are not state authorities, although their administrative structures and civil servants engaged
in them perform functions of executive and managing character. The constitutional principles used as the basis of
organizing state authorities and for organizing local self-governing institutions coincide only partially. In the
organizing process of self-governing institutions, as distinct from state authorities, the principe of distribution of
powers is not applied.
The legal norms on regulation local self-government lack a stability. The legal norm on the procedure of
organizing and functioning of local self-governing institutions, i.e. the Law on Local Self-Government, had been
altered for 53 times within 14 years of Independence. The most number of alterations of the said norm (10) took
place in the year 2001. Even the legal norm providing a regulation of the key principles of self-government, i.e. the
Constitution, had not avoided alterations. Its Article 119 Part 2 had been amended twice – in 1996 and 2002.