"Municipal person": parametric features, concepts, role and significance in the formation and functioning of local democracy and democratic legal statehood
Authors: Baymuratov M.O. , Kofman B.Ya. 
Published: January 2023

In the conditions of formation and development in Ukraine of the phenomenology of local democracy in the form of local self-government - a constitutional and legal institution and the most important immanent identification feature of democratic legal statehood, which not only played a revolutionary role in the formation of the system of public power in the post-Soviet state, but also marked its "human dimension" in the sphere of public self-governing (municipal) power, the autonomy of a person in mutual relations with the state, its institutions of public power and between members of the local territorial community - territorial community in their individual, group and collective manifestations and communications is significantly increased: a) in the sphere of MIA (administrative -spatial feature); b) within the boundaries of the territorial human community (local society) (fundamental-subject characteristic); c) in the conditions of the philosophical state of everyday life (philosophical-temporal feature); d) where a person actually goes through the stages of socialization, including the legal one (a social-forming feature); d') as a result of the latter, forms his attitudes (behavioral positions), including legal ones (social-behavioral feature); e) in the process of life, implements them in the form of appropriate habits (practical forms of activity), including legal ones (social and activity characteristic); e) realizing their existential and other interests of an individual, group and collective nature that accompany them (behavioristic and multilevel feature); g) at the same time, practically realizing the constitutional and legal status of a person and a citizen, which is formed at the local level of society as a result of complex communicative-activity and behavioral-behavioral integration of the specified interests, attitudes and habits (normative-communicative feature); g) simultaneously carrying out its life cycle (existential sign); h) thereby emphasizing the special significance of the formation of a local system of human existence and functioning within the local society, macro-society and the state through the formation of a cadastre of its fundamental rights, a local system of their protection, which are implemented in the form of its constitutional and legal status (determining and teleological feature). It is this approach that most vividly and fully reflects and reveals the role and significance of the phenomenology of "municipal man" in the formation and functioning of local democracy and democratic legal statehood, it can be substantiated both from doctrinal and theoretical positions, and from the positions of praxeological understanding, measurement and implementation .

           The purpose of this article is to study the topical issues of defining the parametric features, concept, role and significance of the phenomenology "municipal person" in the formation and functioning of local democracy and democratic legal statehood.

           It is indicated that the phenomenology of municipal man arises at the junction of law and society, law and man, individual and collective, private and public, i.e. within the limits of the science of man and society, their organic interaction, fundamental mutual influence and interdependence, their (influence and interdependence ) axiological, connotational, narrative, information and communication meaning and potential, within the framework of legal anthropology. The emergence of profile phenomenology is also connected with the formation, manifestations and realization of the existential interests of a person in the process of carrying out his life cycle and functioning within the boundaries of the territorial community in the conditions of local self-government, and these interests are transformed into "municipal human rights". The so-called "municipal person" is the cornerstone in the formation of phenomenology, its inner basis-stroma. "syndrome of public participation", which, first of all, characterizes a person who is a member of a territorial community as a bearer of political and civic properties.

The formation of the phenomenology "municipal person" and its subsequent use indicate: a) the actualization of the issue of the realization of human rights at the local level of the functioning of society, that is, at the level of local self-government, where a specific person within the territorial community carries out his life cycle (the general humanization trend in national municipal law); b) about the gradual expansion of rights and freedoms not only of citizens of Ukraine, who at the level of local self-government receive additional and objective motivation to participate in democratic processes at the local level of society, in order to realize their personal existential, economic, political, socio-cultural and other interests , as well as foreigners who, for a long time or permanently, legally reside within the relevant community, and regardless of their other legal status, are part of such a human community, i.e. are its resident members and, as a result, must have the appropriate opportunities to participate in its development and functioning, simultaneously realizing its existential needs and interests (the tendency to expand the subject composition of the territorial community in modern national municipal law); c) about the active processes of forming the same, from the standpoint of the scope and list (cadastre) of rights and freedoms, of the municipal legal status of a person (individual, resident-member of a territorial community), regardless of his legal status (the tendency to equalize the municipal legal status of a person in modern national municipal law); d) on the application of the constitutional-legal status of a person and a citizen as a basis for the formation of a municipal-legal status of a person, which is based on the municipal rights of a person (a person, a resident-member of a territorial community) (the tendency to separate the municipal-legal status of a person from his constitutional-legal status in modern national municipal law); d') about the role of municipal rights of a person (a person, a resident-member of a territorial community) in the formation of a proxy model of the constitutional-legal status of a person and the emergence of the phenomenology of the "municipal person" (the tendency to use the constitutional-legal status of a person for indoctrination and the formation of a municipal-legal status of a person in modern national municipal law); e) about the significant indoctrination of the phenomenology "municipal person" and about its further conceptualization, which has a theoretical and objective praxeological basis (the trend of increasing importance of the phenomenology "municipal person" and its conceptualization in modern national municipal law).