UKRAINIAN LOCAL GOVERNMENT, HUMAN RIGHTS PROTECTION AND COUNCIL OF EUROPE STANDARDS: THE PRINCIPLE OF SUBSIDIARITY

Vitalii Barvinenko (), Vadym Hedulianov () and Natalia Mishyna ()
Additional contact information
Vitalii Barvinenko: Odesa Region (Raion) Council, Ukraine
Vadym Hedulianov: National Aviation University, Ukraine
Natalia Mishyna: SAGE Laboratory, University of Strasbourg, France

Baltic Journal of Economic Studies, 2023, vol. 9, issue 5

Abstract: This article holds considerable significance as it thoroughly analyses the combination of local governance, human rights protection and the implementation of the principle of subsidiarity in Ukraine. It offers valuable insights into the complex dynamics between these components within the Council of Europe standards. The study of the principle of subsidiarity in the context of human rights at the local level makes a significant contribution to the broader discourse on good governance and legal frameworks. The primary objective of the article is to provide a thorough and nuanced understanding of the complex interplay between municipal human rights, the principle of subsidiarity, and the involvement of local and international entities in the protection of human rights in Ukraine. The study aims to achieve several goals: to delve into the principle of subsidiarity, to critically evaluate inaccuracies in the legal literature, and to highlight the role of the Council of Europe in promoting the principle of subsidiarity in the Ukrainian context. The research methodology is a mixture of legal analysis and conceptual exploration. In terms of the literature review, the article draws on the insights of various legal scholars and experts, including but not limited to B. Kofman, A. Krusyan, S. Kvitka, among others. Existing legal literature and academic works are reviewed in order to gain perspectives from different viewpoints, theories and analyses relevant to the research topic. Conclusion. This paper affirms that the Council of Europe and its member states follow the principle of subsidiarity in the protection of human rights at the local level. This involves a deliberate focus on the delineation of competences within local self-government and the provision of complementary (subsidiary) protection through the mechanisms of the European Court of Human Rights. The following sections explore various facets of the article in detail, offering a comprehensive analysis of the localisation of human rights protection, the complexities of subsidiarity in Ukrainian legal literature, and the crucial role played by the Council of Europe in promoting subsidiarity through various mechanisms.

Keywords: local governance; municipal governance; local government; decentralisation; financial decentralisation; democracy; indirect democracy; Council of Europe standards; human rights (search for similar items in EconPapers)
JEL-codes: K30 K38 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:bal:journl:2256-0742:2023:9:5:5

DOI: 10.30525/2256-0742/2023-9-5-42-47

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