A CITIZEN AND A TERRITORIAL COLLECTIVE UNDER MARTIAL LAW: INTERPRETATION OF ESSENCE AND INTERRELATION

The article considers theoretical and legal approaches to the definition of the terms “citizenship” and “territorial community” (“territorial collective”), as well as reflects their evolution on the basis of generalization of the conceptual vision of Ukrainian legal scholars. Modern prerequisites...

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Bibliographic Details
Main Author: Ielyzaveta O. Lvova
Format: Article
Language:deu
Published: Alfred Nobel University 2024-12-01
Series:Alfred Nobel University Journal of Law
Subjects:
Online Access:https://law.duan.edu.ua/images/PDF/2024/2/5.pdf
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Summary:The article considers theoretical and legal approaches to the definition of the terms “citizenship” and “territorial community” (“territorial collective”), as well as reflects their evolution on the basis of generalization of the conceptual vision of Ukrainian legal scholars. Modern prerequisites and prospects for the formation of national legislation in the field of local self-government are analyzed. The article reflects an attempt to determine the interrelation between these terms in the context of the development of the science of constitutional and municipal law in the context of the war in Ukraine. It is determined that the legislation of Ukraine on local self-government is seen as an innovative human rights mechanism under martial law in the context of restricting human and civil rights. The interrelation between the terms “citizenship”, “territorial community” and “territorial collective” is close, but it contains both oppositional and proponent characteristics. In general, the legal regulation of the implementation of interests of territorial communities (territorial collectives) by themselves is still far from ideal and needs further improvement.
ISSN:3041-2218
3041-2226