MUNICIPAL CULTURE AS A FUNDAMENTAL AND IMMANENT ELEMENT OF THE ESTAB- LISHMENT AND FORMATION OF THE STATUS OF THE RESIDENT-MEMBER OF THE TERRITORI- AL COMMUNITY: TOWARDS UNDERSTANDING AND AWARENESS OF THE PHENOMENOLOGY

The article is devoted to the study of the phenomenology of municipal culture as a fundamental and immanent element of the formation and formation of the status of a resident-member of the territorial community in the context of its understanding and awareness. It is proven that the formation, dev...

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Main Authors: Mykhailo О. Baymuratov, Boris Ya. Kofman, Natalia V. Yefremova
Format: Article
Language:deu
Published: Alfred Nobel University 2024-12-01
Series:Alfred Nobel University Journal of Law
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Online Access:https://law.duan.edu.ua/images/PDF/2024/2/6.pdf
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Summary:The article is devoted to the study of the phenomenology of municipal culture as a fundamental and immanent element of the formation and formation of the status of a resident-member of the territorial community in the context of its understanding and awareness. It is proven that the formation, development and improvement of local self-government in Ukraine, as a democratic and self-governing institution, in the functioning of which residents and members of territorial communities take a direct part, is directly related to the phenomenology of municipal culture and its important component - municipal legal culture. It is claimed that the profile phenomenology of the direction is related to the emergence, formation, existence, functioning, development and improvement of a number of other phenomena (phenomenologies) - municipal consciousness, municipal psychology, municipal values, as well as their legal forms - municipal legal consciousness, municipal legal psychology, municipal legal values. It is the phenomenology of municipal culture and the development of its legal form that determines and catalyzes the formation, manifestation and process of realization, development and improvement of municipal freedoms and municipal human rights, which are borrowed and transformed from the arsenal of constitutional rights, freedoms and duties of a person and a citizen, and are also supplemented new, purely local rights and freedoms due to the self- governing essence and motivational content of the institution of local democracy. It is noted that an important factor in the formation of municipal culture is a number of factors of objective and subjective nature, which testify and confirm that the systemic complex of municipal- legal relations, including municipal freedoms and municipal human rights, are formed, manifested, functioned and implemented: A ) at the local level of society (spatial criterion), B) in the process of formation, establishment, existence, functioning and improvement of the territorial human community in the process of each of its members-residents completing their life cycle (existential-community criterion), C) in historical retrospect and historical perspective (temporal criterion), D) within the TG (macrosubject criterion), D’) in the conditions of local self-government (self-governing-status criterion), D) in the philosophical state of everyday life (functional-status criterion), E) in in the form of constitutional rights and freedoms of a person (individual-status criterion), which Е) arise in the process of socialization of a person, his groups and associations (socialization criterion), Ж) through the formation of appropriate behavioral guidelines (attitudes), including legal attitudes (behavioral-formative criterion), and C) their subsequent implementation in relevant social practices, forms of life (habits), including legal habits (activity-forming criterion), as well as I) through the implementation by the fertile part of the population of their reproductive function, which continues their lineage and existence of human civilization (fertility and reproductive criterion). Therefore, the above factors have a direct and direct relationship to the formation of the phenomenology of municipal culture, which is not only a logical conclusion of the municipal activity of a person, but also a powerful factor that accompanies and ensures the existence of such culture, makes it fundamental and immanent in the process of existence, formation, development and improvement of everyday municipal life of a person. Moreover, it is emphasized that municipal culture is, first of all, one of the types of general human culture; secondly, it is its logical and specific result, which arises due to the presence of a person, his groups and associations within the boundaries of the territorial community and in the conditions of local self-government; thirdly, the given characterological features of the conditions for the emergence of such a culture (the local level of society, a person as a member of a community, human communications at the interpersonal, group and collective level, the sphere of self-organization for a person, his groups and associations) are a powerful organizational and organizational-legal stimulus , motivation and form (forms) for the formation, development and improvement of professional culture; fourthly, municipal culture is usually personified with city culture, which is the result of a fairly successful existence of the urban local human community in its historical existence and development, which ultimately led to the formation of the phenomenology of statehood; fifth, profile culture is considered a vivid example of corporate culture, as a community culture with intersubjective properties. It is argued that the system-forming factor of municipal culture is the attitudinal-habitual structure of human socialization, its groups and associations, which is carried out within the local society (community), in the conditions of local self-government, in the philosophical state of everyday life, and is manifested externally in the form of appearance, formation, functioning , implementation, development and improvement of the system complex of constitutional rights, freedoms and responsibilities of a person. Therefore, municipal culture has a systemic and teleological influence on the process of formation of a person’s status in local self-government, including its legal form, and determining the formation of a profile municipal-legal status of a person, as well as his groups and associations.
ISSN:3041-2218
3041-2226