Theoretical and Practical Issues of the Concurrence of Positions and Statuses in the Local Self-Government System

Abstract

This academic article examines the issue of the concurrent holding of positions by certain public authorities, a topic of current relevance in the fields of constitutional and municipal law. It provides a general overview of the legal regulation of concurrent holding in the sphere of local self-government and analyses the constitutional provisions governing this matter. Greater attention is paid to the regulation of the mechanism prohibiting the combination of positions and statuses at the level of Ukrainian laws, as it is these that elaborate on the constitutional principles. At the same time, given the title and purpose of the article, the scope of the study focuses on legislation in the sphere of local self-government. The article develops views on the institution of concurrent office-holding as an interdisciplinary legal institution. It is identified as particularly important that the regulation of the procedure for holding concurrent positions and restrictions on such holding is governed by both labour legislation and municipal law. Therefore, this institution combines private-law and public-law relationships, which requires these features to be taken into account during their legislative regulation. Taking into account the legislator’s approach to introducing a ban on holding concurrent posts at those levels where this could genuinely lead to corruption, the article highlights those which, in our view, have been unjustifiably excluded from legislative restrictions. We present our own conclusions and generalisations, which will contribute to resolving the existing problems regarding the implementation of the principle of non-combination of positions and statuses in the sphere of local self-government.