MUNICIPAL SOVEREIGNTY OF A MAN (PERSON): TOWARDS AWARENESS AND UNDERSTANDING OF PHENOMENOLOGY

Abstract

The article carries out a comprehensive study of the new phenomenology (concept) of constitutional and municipal law “municipal sovereignty of a person (person)” in the context of its awareness and understanding. Conceptual approaches to understanding the profile phenomenology in Western and domestic science of municipal law, its role and significance in the formation, development and improvement of the legal status of a person (person) within the framework of local democracy, which is carried out in the form of local self-government, within the territorial local human community (territorial community) in the philosophical state of everyday life are analyzed.

The evolution of the phenomenology (concept) “municipal sovereignty of a person (person)” and its transformation during wartime and post-war recovery are investigated.

Within the framework of the study, the main features and signs of the profile phenomenology were characterized, its comparative analysis was conducted with the phenomenology of state sovereignty, organic connections and differences between these important signs of public power - public state and public self-governing (municipal) power - were determined, and a conclusion was made about the mutual determination of their existence, functioning and development. It was established that the managerial and normative productivity of the concept of "municipal sovereignty of a person (personality) is measured by quite specific changes in the management and life of a territorial community, namely: the development of direct (immediate) democracy; improving the quality of decisions; the development of social capital and trust in the community; its economic self-sufficiency. It is also stated that the productivity of municipal sovereignty of a person (personality) lies in the fact that it transforms abstract “democracy” into a daily, tangible practical tool for improving the life of each of the residents-members of the community.

It is argued that the strategic influence on the formation of municipal sovereignty of a person (personality) is exerted by legal instruments for the protection of human rights at the level and within the territorial community, with the help of which its residents-members of the community can really influence the decisions of local authorities. At the same time, the value of these legal instruments lies in the fact that they give residents-members of the territorial community the legal right to act, moreover, practical examples of the implementation of such activities clearly show how these human rights, as well as its groups and associations, work in real life.

It is argued that municipal sovereignty of a person (person) is not just a legal term, it is a transition from a culture of complaints to local public authorities to a culture of action in individual, individual-group and individual-collective interests. Thus, state laws provide residents-members of a territorial community with tools (initiatives, petitions, hearings), and practical cases prove: when they realize themselves as the masters of their community, they become stronger than any developer or dishonest official.