The period of religious freedom in Ukraine has more than twenty five years. Freedom of conscience and religion in Ukraine led to a rapid revival of religious and church life. However, this did not lead to fundamental changes in relation to the property rights of religious organizations. The question of the rights of religious organizations on their property, and implementation of labor activity remains unsolved to the full.
The relevance of the research amplifies the issues that arise in practice and can not find a solution in current legislation.
From the first centuries of church history various points of view were raised about who is the subject of ownership of church property. There was the thought in Roman law that the church property, which is designed exclusively for the needs of the church belongs to God [1; P. 54]. Proponents of another theory proclaimed that church property is a property of beggars. Taking into consideration the canonical dogmas, it should be noted that the church does not have its property, and property, which belongs to the church, are conveying by its members, it’s based on the sacred grounds. All those who were unable to live on their money, including the clergy, who are unable to produce their own livelihood outside the temple, had the right to live off church property. In Western Europe the theory of total religious property was proposed which consisted of Pope’s recognition the ownership of church property, but for some reason it was not directly declared. At a later time the theory of specific property was proposed, according to which there was no need to search for an entity of church property, church property belonged not to individuals and legal entities, but to a particular goal or purpose. However, it was not perceived by a lawyer as a logically inconsistent, because the target directly involved a person who pursued it [2; P. 129].
The aim of the study is to give an analysis of the features of property of religious organizations and identify the specifics of work in religious organizations.
The scientific and theoretical basis of the research is the works of such scientists as: O. A. Ambrosimova, M. Y. Babii, I. S. Berdnikova, S. M. Bratus, H. O. Druzenko, V. S. Yelenskyi, N. S. Kuznietsova, V. F. Piddubna, M. F. Trofimchuk, V. D. Fuchedzh, Y. V. Kryvenko.
In Ukraine the property rights of religious organizations are provided by III Part of the Law «On Freedom of Conscience and Religious Organizations». In particular, according to Art. 17 of Law, religious organizations have the right to use for their needs the buildings and property available to them on a contractual basis by governmental, public organizations or citizens. Religious buildings and property which represent state property, are passing by organizations, on balances of which they are, for free use or return to the ownership of religious organizations, by the decision of regional, Kyiv and Sevastopol state administrations and the Republic of Crimea – the Government of the Republic of Crimea.
Religious buildings and property, which is a state property, may be transferred to alternate use of two or more religious communities by their mutual agreement. In the absence of such agreement, the public body determines the order of use of churches and property by making the individual contract with community.
Religious buildings and other property, which are historical, artistic or of other cultural value, are transferred to religious organizations and used by them in compliance with the established rules of protection and use of historical and cultural monuments.
A request for the transfer of religious buildings and property ownership to religious organizations or their free use is considering within a month with the written notification to the applicants. Religious organizations have the preferential right to the transfer of religious buildings with the land required for the maintenance of these buildings. The usage of land of religious organizations is carried out in the manner prescribed by the Land Code of Ukraine and other legislative acts of Ukraine. The alnd granted to religious organizations for permanent use for construction and maintenance of religious buildings and other buildings, necessary to conduct their activities, should not be used for business.
Religious organizations as subjects of civil relations have a subjective right to appeal against illegal actions, omissions or decisions of public authorities in the manner prescribed by the Civil Procedural Code of Ukraine [3]. In addition, according to Art. 18 of the Law «On Freedom of Conscience and Religious Organizations» religious organizations possess, use and dispose property that belongs to them by the right of ownership. Religious organizations may have buildings, cult objects, objects of industrial, social and charitable purposes, transport, costs and other property necessary for their activity.
Religious organizations have the right to own property purchased or created by them at their own expense, donated by citizens, organizations or transferred to the state and purchased on the other grounds provided by law. Religious organizations may also own property that is outside Ukraine.
In addition, religious organizations have the right to seek voluntary financial and other donations and receive them. Financial and property donations, as well as other income of religious organizations are not taxed. Religious organizations are not allowed to levy believers by force. The right of religious organizations is protected by law.
In the context of the property of religious organizations, the practice of the United States on this issue is worth taking into consideration. In particular, in the United States, any person or «association of persons, united with a purpose and allowed to do business in a particular name», according to the law has the right to act as a «person» (case «Company Pembina Consol. Silver Mining & Milling Co. against the Commonwealth of Pennsylvania») [4]. In this respect, a legal entity can be a person, organization or commercial enterprise. Thus, religious communities may establish commercial entities (e.g., corporations, individual free enterprise, general partnership, limited liability firms and limited liability companies) or non-profit organizations (usually created in the form of corporations) in order to gain legal status.
Commercial activities and non-profit corporation are governed by the laws of the state in which they are formed. Most religious groups in the United States are regarded as non-profit corporations organized under the laws of the state and Tax Code (e.g., 26 USC [United States Laws], § 501 (c) for tax benefits and regime of assistance.
In our view, the experience of the United States can not be used on the territory of Ukraine, because it allows religious groups to abuse their tax benefits and raises the risk that religious organizations as civil institutions will become the organizations that contribute to the realization of the constitutional rights to freedom of religion and freedom of association in the semi-profitable entities. In this case the whole institution of religious organizations is considerably discredited as one of the fundamental components of civil society in Ukraine.
Complex rights of religious organizations and their members in labor and other areas are covered by the chapter V of the Law of Ukraine «On Freedom of Conscience and Religious Organizations». Thus, according to Art. 25 of the Law religious organizations have the right to hire citizens. Working conditions in this case are set by agreement between the religious organization and the employee and identified by labor contract, which is in a written form.
The religious organization must register the labor contract in the prescribed manner [5]. In the same way the documents defining the conditions of remuneration of priests, clergy and people who work in religious organizations in elected positions are registered. Citizens working in a religious organization under a labor contract may be members of trade unions.
The citizens working in religious organizations and created by them enterprises, charitable institutions under an labor contract, are subjected to the labor legislation, compulsory social insurance, taxation. In particular, the citizens working in religious organizations, created by them enterprises, institutions under a labor contract, priests, clergymen and persons working in religious organizations in elected positions are subjected to compulsory state social insurance on terms and order provided by the legislation on compulsory social insurance.
The religious organizations and their enterprises and institutions, and in the cases stipulated by law, the employees of these organizations, enterprises pay SSC (Single Social Contribution) in the manner and to the extent prescribed by law. All citizens working in religious organizations and their enterprises and institutions, are granted state pension paid on the common grounds under the law.
The practice of the European Court of Human Rights in the field of labor relations in religious organizations should be specifically emphasized. Thus, in 2013 the Court established a precedent by applying the principle of autonomy of religious organizations in the context of trade union rights by the decision of 9 July 2013 [6].
In this case, the applicants, who were orthodox priests and employees of the Romanian Orthodox Church, formed associations, the aim of which was to protect the professional interests of their members. However, Romanian public authorities refused to register a trade union on the grounds that it is prohibited by the statute of the Romanian Orthodox Church and its structural and functional autonomy. Unlike the House, which recognized the breach of Article 11 (freedom of association, including the freedom of trade unions), the Grand House reached the opposite conclusion of a decision in favor of the autonomy of religious communities.
In this case, the Court noted that the duties performed by members of the trade union, are characterized by many specific labor relations. For example, they operate on the basis of the decision of the bishop, who appoints them and establishes their rights and obligations. Under the guidance and supervision of the bishop they carry out their tasks. In addition to the implementation of the mass and other rituals, these tasks include management of parishioners’ assets; clergy also practice selling religious items. In addition, the national Romanian law provides a number of positions for members of the clergy and laity, which is largely financing with state and local budgets [7; P. 18].
Indeed, as representatives of the Government of Romania indicated, a feature of the clergy in this country is that it operates exclusively within the religious purposes and is within the church, which enjoys a certain level of autonomy. So it is not quite simple to provide distinction between the religious activities of the clergy and their activities in more financial character.
Taking into account all these factors, the Court finds that despite the special circumstances, clergy carry out their mission in the context of the employment relationship covered by Article 11 [6]. Thus, Article 11 can be applied to the circumstances of the indicated case.
According to the Court, national courts must ensure accomplishment of freedom of association and the autonomy of religious organizations in accordance with applicable law, including the Convention. When it comes to interference with the right to freedom of association, the Article 9 of the Convention implies that religious organizations have the right to their own opinion against any collective action of its members and the state must respect the specified subjective right of religious organizations.
In our view, the above precedential practice of the European Court of Human Rights significantly expands the regulation of labor relations in Ukraine in religious activities, providing the right of religious organizations on the formation of trade unions, thereby confirming the right of religious organizations in the international legal level.
Thus, analyzing all the mentioned above, we can conclude that religious organizations can have: religious buildings, property, which is necessary for the implementation of rituals, donations of its members, and other people and other property transferred by the state to free of charge use. Regarding labor activities, the religious organizations may use wage labor in a general manner within the labor laws of Ukraine.

Bibliography:
1. Kharitonov E. O. Basics of Roman private law. – Rostov n / D: Phoenix, 1999. – 288 p.
2. Kryvenko Y. V. Property rights of religious organizations /Y. V. Kryvenko // Topical problems of state and law, 2008. Pub. 38. – p. 128-131
3. The legal status of religious organizations in Ukraine [electronic resource]. – Access: http://www-jurfak.univer.kharkov.ua/newlections/Gua.pdf.
4. Recommendations about legal existence of religious groups and communities who hold certain beliefs [electronic resource]. – Access: http://www.osce.org/uk/odihr/176361?download=true.
5. Labor Code of Ukraine: Law of Ukraine on December 10, 1971 № 322-VIII // Supreme Council of the USSR. – 1971. – Application to № 50. – Art. 375.
6. Case of sindicatul «PАSTORUL CEL BUN» v. ROMANIA: The European Court of Human Rights / Application no. 2330/09. – Strasbourg, 9 July 2013. – 52 р.
7. Review of the Court’s jurisprudence on the issue of freedom of religion / Council of Europe / European Court of Human Rights. – 2011. – p. 18

One of the issues that precede the activity of religious organizations is the procedure of their registration. The legislation in this area has significant drawbacks. Their peculiarity is that being insufficiently defined, the system of registration of religious organizations gives the opportunity of vague interpretation of these rules by the public authorities. The procedure of registration of religious organizations is too protracted and cumbrous, however, as practice shows, some inconveniences are created by the subjects of registration: administration set their own requirements to the list and to the forms submitted for registration of documents [1, P.137]; there is no clear regulation of the time of the application and registration.
The scientific and theoretical basis of the scientific research is the works of such scientists as: O. A. Ambrosimova, M. Y. Babii, I. S. Berdnikova, S. M. Bratus, O. L. Derkach, A. Y. Kochkodan, Y. A. Rozenbaum, H. L. Serhiienko, V. D. Fuchedzh and others.
Every state, which aims to promote the formation of civil society and to ensure the realization of freedom of conscience and religion, has an appropriate regulatory and legal basis, which regulates the order of establishment and stopping activities of religious organizations. The order of formation of religious communities, administrations and centers, monasteries, religious brotherhoods, missions, religious schools and associations, which consist of abovementioned religious organizations in Ukraine, is created by the Law of Ukraine «On Public Institutions» and the Law of Ukraine «On Freedom of Conscience and Religious Organizations».
Besides, the procedure of providing administrative services for registration of the statute of religious organizations, such as religious centers, monasteries, religious brotherhoods, missionary communities, religious schools is provided in the Order of the Ministry of Culture of Ukraine № 366 of 18 April 2012 «On Approval of the Standard of Providing Administrative Service of Registration of the Statute (Regulation) of Religious Organizations and Amendments to It» [2].
Religious organizations are established and act on the basis of honesty, equality of their members, self-government, legality and publicity. They are created in order to satisfy the religious needs of their citizens to profess and propagate the faith. The founders of religious organizations may be the citizens of Ukraine, citizens of other countries, stateless persons who have reached 18 years. The members of religious organizations may be the individuals who have reached 14 years.
We should note, that in the period from 1991 to 2004, the registration of the statutes (regulations) of religious organizations in the current legislation of Ukraine was regulated by articles 14 and 15 of the Law of Ukraine «On Religious Organizations» of 23 April 1991. Other regulatory and legal document, by which was again stated provisions of Part 1 and 2 of Article 14 and Article 15 of the Law, was an explanation of the Presidium of the Supreme Arbitration Court of Ukraine «On some issues arising from the application of the Law of Ukraine «On Freedom of Conscience and religious organizations» [3; P. 13] issued in 1996 in order to ensure similar application of the law.
Since July 2004, Ukraine has begun the second period for religious organizations about the registration of their statutes, that is the attainment of a status of legal person. In Ukraine registration of religious organizations primarily involves the registration of statutes (regulations) of religious organizations, solely to obtain the legal capacity of a legal entity and not for the legalization of their activities on the territory of Ukraine [4].
A religious organization functions on the base of the statute, which determines its legal capacity and is addmiting on general meetings of religious citizens or on religious congresses, conferences [5; P. 85]. According to the third part of 12 Article of the Law of Ukraine «On Freedom of Conscience and Religious Organizations» it should contain information about:
1) type of a religious organization, its religious belonging and location.
2) location of a religious organization in the organizational structure of religious association.
3) property status of a religious organization.
4) rights of a religious organization to establish enterprises, mass media, other religious organization, to create educational institutions.
5) order of introduction of changes and amendments to the statute(regulation) of a religious organization.
6) order of solution property and others items in case of abandonment of religious organization’s activity. Moreover, the statute of religious organization may contain other information, connected with the peculiarities of activity of a given religious organization.
Statutes of religious organizations are subjected to the registration. Alterations and amendments in statutes of religious organizations are subjected to the registration in the same order and periods as the registration of statutes (regulations) [6; P. 319]. A religious organization is defined as a legal person from the moment of statute registration [7; P. 18].
The order of registration of religious organizations is created by the Article 14 of the Law of Ukraine «On Freedom of Conscience and Religious Organizations». In particular, for the obtaining by religious organization the legal capacity of legal person, citizens in the number not less than ten persons, who created it and has reached 18 years, applying assertion and statute to the registration to the regional, Kiev’s and Sevastopol’s city state administrations and to the Republic Crimea – the Government of the Republic of Crimea. Religious centers, administrations, monasteries, religious brotherhoods, missionary communities, religious schools shall submit the registration statute to the official body of religious affairs in Ukraine.
The body that fulfills the registration within a month reviewing the application, the statute of a religious organization, takes an appropriate decision within ten days and in written form informs about it the applicants. In essential cases body, that realizing the registration of religious organizations’ statutes, may require the conclusions of the local administration, the executive committee of village and town councils, as well as specialists. In this case, the decision to register the articles of association shall be taken within three months. The excess of the agreed term of decision-making on the registration of statutes of religious organizations can be appealed in the court in the manner prescribed by civil procedural law of Ukraine.
Part 1 of the Article 15 of the Law of Ukraine «On Freedom of Conscience and Religious Organizations» provides that the registration of statute (regulation) of a religious organization may be refused if its statute (regulation) or activity contradict to current legislation. However, the law does not specifically define cases in which the registration of religious organization can be denied.
This situation may be solved by the use of rules similar to the provisions of Part. 1, Art. 4 of the Law of Ukraine «On Public Associations», according to which the establishment and activities of public associations, the purpose (s) or actions of them are aimed at:
• the liquidation of Ukraine’s independence;
• change the constitutional order by force;
• violation of the sovereignty and territorial integrity;
• undermining its security;
• unlawful seizure of state power;
• propaganda of war, violence, incitement of ethnic, racial, or religious hatred;
• infringement of human rights, freedoms and public health;
• communist propaganda and / or national socialist totalitarian regimes and their symbols, are forbidden [9].
Under current legislation on the legalization of religious organizations, the decision to refuse registration statute (regulations) of religious organization with stated grounds for refusal, is informing the applicants in written form within ten days. This decision may be appealed in court in the manner prescribed by the civil procedural legislation of Ukraine.
We consider quite progressive and revealing a legislator’s decision, who has provided the opportunity to appeal the decision on unlawful refusal to register a religious organization. On the one hand, in such cases, the petitioner in the case stands as a very specific subject, since the whole religious organization has not been established and, accordingly, can not represent their rights and legitimate interests. This specific subject – applicants who realize their constitutional right to freedom of association in public association with the purpose of realization and protection their rights and freedoms and the right to religion’s freedom.
Besides the court order, the applicants also have the subjective right to appeal the illegal decision to refuse the legalization of religious organization in administrative order, that is superior to the registration authority [10; P. 9].
Religious organizations may stop their activity in connection with their reorganization (division, merger, acquisition) or liquidation. Liquidation of religious organizations can be made by:
• the decision of their founders or the body authorized by the statute of a religious organization;
• the court in cases provided by law, including:
1) committing by religious organization actions, inadmissibility of which provided in Articles 3, 5 and 17 of the Law of Ukraine «On freedom of conscience and religious organizations»;
2) a combination of ritual or predicant activity of religious organization with encroachments on life, health, freedom and dignity;
3) systematic violation of established by the legislation order of conducting public religious activities (worship, rituals, ceremonies, marches, etc.);
4) encouraging citizens to non-fulfillment of their constitutional duties or actions which are accompanied by gross violations of public order or infringement of the rights and property of the state, public or religious organizations.
The court adjudging the case of termination of the religious organizations activity by the order of opposition proceedings stipulated by the Civil Procedural Code of Ukraine, according to the body, authorized to register the statute of a particular religious organization or a prosecutor.
Thus, a religious organization operates under the statute, which defines its legal capacity and should contain information on: type of religious organization, its religious affiliation and location; local religious organization in the organizational structure of a religious association; property status of a religious organization; the right of religious organizations to establish businesses, the media, other religious organizations and the creation of educational institutions; the procedure for making amendments and additions to the statutes of a religious organization; procedure for resolving property and other issues in case of termination of a religious organization. In addition, the statute of a religious organization may contain other information related to the features of the religious organization.
In the course of investigation the procedure of legalization a religious organization there are fairly established progressive decision of the legislator, who predicted a possibility of appealing decisions on unlawful refusal to register a religious organization. On the one hand, in such cases, the plaintiff in the case stands as a very specific subject, since the whole religious organization has not established and, accordingly, can not represent its rights and legitimate interests. This specific subject – applicants who are implementing their constitutional rights to freedom of association in the community association with the purpose of realization and protection their rights and freedoms and the right to freedom of religion. Also a major disadvantage of current legislation is that the Law of Ukraine «On Freedom of Conscience and Religious Organizations» does not specifically define in which cases the registration can be refused, in which case we have to use the analogy of the Law of Ukraine «On Public Associations».

Bibliography:
1. Kochkadan A. Forms of incorporation of religious organizations in Ukraine / A. Kochkadan // Visnyk, Lviv. univ. Legal series – 2010 – Pub. 50. – p. 133-139.
2. On approval of the Standard of providing administrative services for registration of statute (regulation) of religious organizations and amendments to it: Order of the Ministry of Culture of Ukraine number 366 of April 18, 2012 [electronic resource]. – Access: http://zakon4.rada.gov.ua/laws/show/z1415-12.
3. Explanation of the Supreme Arbitration Court of Ukraine of 29 February 1996. № 02 – 5 / 109 «On some issues arising from the application of the Law of Ukraine» On Freedom of Conscience and Religious Organizations» // Collection of judgments and arbitration practice of Supreme Arbitration Court Ukraine. – 1996. – № 2. – p. 13.
4. Vladychenko L. Procedure of registration of religious organizations – the urgent issue of church-state relations in Ukraine / L. Vladychenko [electronic resource]. – Access: http://www.religion.in.ua/main/daycomment/18863-procedura-reyestraciyi-religijnix-organizacij-aktualne-pitannya-derzhavno-konfesijnix-vidnosin-v-ukrayini.html.
5. Kormich L. I., Shelest D. S. Public associations and political parties in modern Ukraine. – K .: AVRIO, 2004. – p. 117.
6. Frytskyi O. F. Constitutional law of Ukraine: Textbook. – 2nd ed. – K .: Yurinkom Inter, 2004. – p. 517.
7. Prystinskyi I. O. Statute (regulation) of a religious organization as a document that defines its administrative and legal status / I.O. Prystinskyi // Lawyer. – 2009. – № 7 (106). – p. 32.
8. Bykov O. M. The main problem of registration of religious organizations and their solutions / Bykov O. M. // Law forum. – 2011. – № 2. – p. 72.
9. On public associations: Law of Ukraine on March 22, 2012 № 4572-VI // Supreme Council of Ukraine. – 2013. – № 1. – Art. 1.
10. Prystinskyi I. O. Administrative and legal aspects of registration and termination of activities of religious organizations in Ukraine / I. O. Prystinskyi // Lawyer. – № 2 (101). – 2009. – p. 10.

Relevance of research of determining the amount of compensation for moral damage is that for the domestic legal system, this mechanism is relatively new, and needs detailed study and reflected in the legal framework of our country.
You also need to consider the fact that this subject often became the subject of various scientific studies. However, because of the absence of a clear mechanism for determining compensation in our legislation, it remains of interest at this time.
Scientific and theoretical basis of scientific research was the work of scientists, specialists such as O. O. Barabash, A. M. Erdelevskoho, E. O. Kharytonova, O. S. Syrotenka, V. D. Chernadchuka and others.
It is known that in Soviet times the concept of non-pecuniary damage, and even more – a mechanism of compensation – does not exist. The Civil Code of the USSR did not contain any rules that would regulate this issue.
This provision was introduced in May 6, 1993 – two years after the proclamation of an independent of Ukraine. Central Committee of the USSR was supplemented in clause. 440-1 «Compensation of moral (non-property) damage» [1].
Of course, only on the basis of this article there was not chance to regulate properly the process of non-pecuniary damage, and therefore Plenum of the Supreme Court in its resolution of 31 March 1995 the courts explained the mechanism of application of this article [2]. In clause. 440-1 have been adopted and other laws in more detail specified the procedure for compensation of moral damage.
Following the adoption of the new Civil Code of Ukraine 2003 mechanism of compensation for moral damages has become better. New Civil Code regulates in more detail the institute of non-pecuniary damage. In particular century. 23 of the Civil Code stipulates that the amount of moral damages does not depend on the size of the material; clearly set list – what is the moral damage:
1. physical pain and suffering, which the individual has suffered due to injury or other impairment of health;
2. in distress which the individual has suffered due to the wrongful conduct about herself, her family members or close relatives;
3. in distress which the individual has suffered due to the destruction or damage of property;
4. in humiliation of honor and dignity of the individual and business reputation natural or legal person.
Under current legislation the moral damage be compensated in money, other property or otherwise.
The size of monetary compensation for moral damage is defined by court depending on the nature of the offense, the depth physical and mental suffering, deterioration of skills the victim or deprivation of their feasibility, the degree of guilt of the person which caused moral damage, if guilt is the basis for compensation, as well as the other circumstances which are essential [3].
In particular, the state of health of the victim, the severity of forced changes in his life and industrial relations, the degree to goodwill, reputation, time and effort required to restore the previous condition are taking into account. In case of causing moral harm to person wrongfully committed acts of some persons, the amount of compensation determined by the degree of guilt of each of them [4, p. 105].
For people who caused moral damage together (interconnected, cumulative actions or the actions of the sole intent), relies on joint and several liability of compensation [5, p. 62].
Moral damage is compensated regardless of property damage, which is refundable and is not related to the size of the compensation. Moral damage is compensated once, unless otherwise provided by contract or law. In determining the amount of compensation takes into account the requirements of reasonableness and fairness.
Moral damage can not be compensate in full, as there is no (and can be) accurate property criteria expression of heartache, peace, honor, dignity. Any compensation for moral damage may not be adequate to real suffering, so any amount of it can be highly conditional expression, especially if such compensation relates to the legal person. In any case, the amount of compensation should be adequate to inflicted moral damage [6, p. 235].
According to the Constitution of Ukraine human life and health, his honor and dignity, personal inviolability and freedom and security environment is recognized as the highest social value and moral benefits of individual [7]. The notion of «intangible property» is a collective, it applies to both the «good» and the moral rights. Consequently, these moral good is the object of the corresponding moral rights [8, p. 44].
Jurisprudence does a lot for the development of category of moral damage. There are cases of compensation for non-contractual damages in connection with the death of the breadwinner, when the court adjuticated, for example, a child who lost his father, an amount greater than that which the value of lost livelihoods. The difference between these amounts – this award for non-pecuniary damage latent child for his father’s death, so that the child is deprived of communication with parents, parental affection, parental love. The child has lost a lot of the joys of his childhood. All these circumstances could not affect the positive approach of the legislator to form rules on compensation for moral damages in civil legislation of Ukraine [9].
As practice shows, in determining the amount of compensation, the judge has several options:
1. Get on the basis of the amount stated in the statement of claim the plaintiff, and the final decision, using the principles of reasonableness and fairness.
The court may change the amount or keep it exactly the same plaintiff requested. However, this does not mean that the court should take the claim as a basis, as it was in accordance with art. 440-1 of the CC of the USSR. At present, the judge must determine the amount of compensation for moral damage by himself, using the principles of fairness and reasonableness, and other circumstances mentioned in art. 3. 23 CCU. Of course, the court may take into account the alleged claims.
Of course using this option, the amount will determine the judge, and the amount claimed by the plaintiff may differ. And in this case the judge must pay attention to the motivation of calculating the amount of compensation because point 9 of Resolution of the Plenum of the Supreme Court «On judicial practice in cases of non-pecuniary (non-property) damage» provides: «In determining the amount of compensation for moral (non-property) damage, the court must give in decision proper reasons» [2].
2. Appoint a forensic psychological expertise
Procedure for appointment and conduct forensic psychological examination is regulated by Decree of the Ministry of Justice of Ukraine «On Approval of Regulations on the appointment and conduct forensic examinations and Scientific guidance on training and appointment of judicial examination» of 8 October 1998. In accordance with paragraph. 152 of the Regulations expert can put the following questions:
Is the investigated situation are psycotraumatic to the subject?
If yes, is there any suffering ( moral damage) caused to the subject?
What possible amount of compensation for the suffering inflicted (pecuniary damage)?
In this case, the expert, as experience shows, estimates the amount of moral damages in an amount equal to a certain number of minimum wage, depending on various factors mentioned in part 3.art. 23 of CCU.
However, despite this – easier for the court – version of determination the amount of compensation for moral damage, it is not always acceptable, as practice shows, during the forensic psychological examination may be too long (one year or more). Accordingly, at this time is delayed and the case itself [10].
3. Determine the amount of non-pecuniary damage alone.
In determining the pecuniary damage, you must consider a variety of factors. Some of them provided for in Art. 23 CCU.
According to Art. 23 CCU amount for moral damage the court determs considering certain conditions:
• nature of the offense;
• depth of physical and mental suffering;
• deterioration of the victim’s skiils or deprivation of the possibility of their implementation;
• the degree of guilt of the person who caused a moral damage, if guilt is the basis for compensation;
• other circumstances which are essential.
Mandatory requirements when determining the amount of compensation takes into account the requirements of reasonableness and fairness [3].
Today in Ukraine there are no clear legal position on how calculated the amount of compensation for moral damage. However, the Russian scientist A.M. Erdelevskii developed a formula by which you can calculate the amount of compensation.
Although the formula developed in Russia, it can be used fully and in Ukraine as take into account the same factors that under Art. CCU 23 for the calculation of damages. Moreover, this formula already used during forensic psychological examination accredited experts who work both in public research institutions and in private institutions (eg, the formula is actively used in the Kiev scientific research institute of forensic examination, forensic Center medical services «MiBi-Lex», etc.).
Therefore, this formula is:
D = d * fv * i * c * (1 – fs)
D (damage) – the actual amount of compensation for moral damage.
This amount of compensation for moral damage, which must be set and adjudicated to the compensation.
d (the same) – presumed amount of compensation for moral damage.
Presumed moral damage – a term defined A.M. Erdelevskym. That is a damage, that feels «average», «normal» person who «normally» responds to it exerted on offense. In fact, the presumed damage assessment reflects the community for a certain type of offense.
The scientist determines the amount of damage in relative units. One relative unit is 720 times the minimum salary. This is the amount the average person can earn in ten years despite the fact, if it receives 6 month minimum salary. According to the professor, this amount is more or less meets the needs of the common man. However, it should be noted that at the beginning of 2016 the minimum salary in Ukraine ($ 55. ) less than in Russia ($ 80. ).
fv (fault, violator – the one who inflicts damage) – the guilt of the person which caused moral damage, while 0≤fv≤1.
For example, direct intent – 1, indirect intent – 0.75, gross negligence – 0.5, simple negligence – 0.25.
I (individual) – factor of the individual characteristics of the victim (subjective condition), while 0≤i≤1.
In determining this factor should be considered a condition indicated in Art. 23 CCU – depth of physical and mental suffering. Since this is a subjective factor, that different people have different reactions can occur at the same unlawful action. It is therefore necessary to consider that factor which is unity, we must provide «regular», «average» person. If a person is too painful react to certain circumstances, the ratio must be greater than one and vice versa – the offense did not affect or does not significantly influence the internal state of the victim, the ratio should be less than one [11, p. 75].
c (circumstances) – coefficient taking into account the circumstances that merit attention (objective factors), while 0≤c≤1.
This figure relates to circumstances which are objective. That is, the circumstances which caused other consequences for the victim, in addition to emotional distress. To this figure must be considered circumstance under Art. 23 of CCU – the deterioration of victim’s skiils or depriving him of the possibility of implementing other damage to health. Also take into account all the other circumstances which are essential, such as termination of employment as a result of spreading false information relative loss due to accidents and so on. This indicator as the previous one, also need to provide a value from 0 to 1, because each person differently perceive reality circumstances caused by the offense.
For example, dismissed from work because of spreading false information a person can pretty much through this experience because it was left without a favorite work and livelihood; A person may not worry about it, because she herself wanted to get rid of one reason or another. In the first case, the ratio is greater than one, the second – less.
fs (fault , survivor – the victim) – the degree of fault of the victim, while 0≤fs ≤1.
To determine this indicator should consider the nature of the offense. That is of great importance is the fact whether the damage caused exclusively by the offender, the victim or his behavior contributed to the occurrence or increase damage. If all previous figures substantiate century. Art. 23 of the Civil Code, the motive of using this indicator is the rules of art. 1193 of the Civil Code. The article notes that the damage caused to the victim because of his intention not refundable. If gross negligence of the victim contributed to the damage or increased, depending on the degree of guilt reimbursement decreases.
If the victim is proven fault in causing damage in the form of direct intent, value fs should be given the status of the unit. Thus, there is in parentheses amount is zero and thus the amount of the entire formula will be zero. If the reduction ratio of 0.9 to 0 final amount of the formula (total compensation) will increase [11, p. 76].
Thus, the current problems arising in the course of civil proceedings, is determining the amount of compensation for moral damages to the plaintiff. In other words – what is this, rather than another amount specified in the petition, the court upheld its decision?
Taking into consideration the fact that in the legislation of Ukraine gradually improving Institute of compensation of moral injury, such regulations should be taken, which accurately and clearly will establish an indicated method of protection of human rights. It is necessary to show to the public that their rights should be defended. When human rights will really become a priority of our society, then we can confidently call ourselves citizens of an independent and democratic state.
Bibliography:
1. The Civil Code of the Ukrainian SSR [electronic resource]. – Access: http://zakon3.rada.gov.ua/laws/show/1540-06
2. Resolution of the Plenum of the Supreme Court «On judicial practice in cases of non-pecuniary (non-property) damage» from 03. 31. 1995 g. [Electronic resource]. – Access: http://zakon0.rada.gov.ua/laws/show/v0004700-95
3. The Civil Code of Ukraine [electronic resource]. – Access: http://zakon2.rada.gov.ua/laws/show/435-15
4. Chernadchuk B. The right to compensation for moral damage: some aspects // Ukraine. – 2000. – № 3. – p. 106-109.
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8. A. Barabash, S. Syrotenko About illigal actions in causing a moral damage// Law of Ukraine. – 2000. – № 9. – p.43-45.
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11. Erdelevskiy A. «Compensation of moral damage in Russia and abroad». – M.: 1997. – p. 74-85

The relevance of scientific research of legal status of individual entrepreneurs determined by the importance and complexity of civil relations in the field of economic (business) activities. In addition, for the domestic legal system, the category of «individual entrepreneur» is relatively new and requires detailed study and analysis in terms of the science and practice of civil law.
It should be noted that the problems raised repeatedly became the object of research. However, due to the extensive use of the variety of activities and individual – subjects of business it stays urgent now.
From a practical point of view, it is necessary to survey the main practical aspects of the implementation of the individual entrepreneur. The complexity and importance of the procedure of state registration of individual entrepreneurs, confirm the relevance and necessity of this research.¬
Scientific and theoretical basis of the proposed study were works of domestic and foreign civil scholars . Particularly noteworthy works: M. M. Aharkova, O.M.Vinnyk, S. D. Hrynka, T. B. Hrek, O. S. Yoffe, V.M.Kravchuk, L. I. Liashevskoi, R.A.Maidanyk, V. V. Paryshkury, I. S. Timush, S.O.Tenkova, V.S.Shcherbynaand others.
Each institute or category of law is a complex unit of a legal system, and therefore characterized by inherent only to it features, special status, and most importantly – legal and social values, which are also usually differ. Certainly, legal institutions and categories of rights are essential social and legal meaning and is the result of a gradual evolution of social relations. Accordingly, these institutions do not arise suddenly, but has been developing over time. Therefore, there is a need of tracing and analysis of genesis(historical development)of investigated Institute.
Most scientists determined that the institution of an individual entrepreneur is relatively young for the civil law of Ukraine. So, Volodymyr Rotan stressed that «individual entrepreneur is a new phenomenon for domestic law-making and enforcement practice» [1, P. 63]. This statement is completely justified, because only change of the economic system, which was caused by the collapse of the Soviet Union and other socio-economic and political changes, could provide rapid business development. More about the content and significance of business will be discussed further.
Arguing the importance and relevance of the research of this institute, V. Rotan argues that «there is need to learn proper this social and legal phenomenon». While this development does not happen, there is primarily dependence on the basis of science for the lack of certainty of the legal status of individual entrepreneurs in legislative acts. This, in turn, gives rise to substantial disadvantages for resolving disputes arising from legal relations involving individual entrepreneurs.
Novelty of Institute investigation primarily associated with long-term no recognition of the human right to business. Yes, the Soviet doctrine and practice of civil law denied the opportunity of business individuals. In scientific circlesof that period such activity was characterized as bourgeois, and suchthat contrary to the principles of socialist legal system [2, P. 88].
Only after Ukraine gained independence in 1991, a person’s right of establishment gradually solidified in the national legal system. Thus, fixed in Article 42 of the Constitution of Ukraine the right of everyone to the entrepreneurial activity that is not prohibited by law [3], establishes the possibility of human and citizens use this right. However, not only have the right to attain the objectives for which it exists. This requires its implementation, transformation and legally fixed measure of possible behavior into reality. Legal status and mechanism of realization of the right to carry out business activities were finally enshrined in the Civil Code of Ukraine, adopted on 13 January 2003. In that act was codified under Chapter 5, «individual entrepreneur» which defined common-position and characteristics of civil status of a subject of civil legal individual entrepreneur.
Unfortunately, the Civil Code of Ukraine did not provide the legal definition of individual entrepreneurs. The Code only provided basic features of legal status of the studied subject of civil and economic relations. Thus, Article 50 of the Civil Code of Ukraine ( CC of Ukraine) «individual right of establishment», indicated that the right of establishment which is prohibited by law, is a person with full civil capacity. Limit individual right of establishment established by the Constitution of Ukraine and the law. An individual has the right to his business, on terms of its registration in the manner prescribed by law. Information about state registration of individuals – entrepreneurs is open [4].
The proper interpretation and understanding of the concept of «individual entrepreneur» to analyze the components of this category. So, pay attention to the understanding of the term «entrepreneur» Scientist R. Shyshka said that the first definition of the term «entrepreneur», introduced in the scientific revolution were this:
1) entrepreneur as a person who is able to perform a function different from the owner at risk;
2) the entrepreneur as a person who is responsible for the business case, a person who plans, supervises, organizes and owns the company;
3) the entrepreneur as an innovator who develops new technologies;
4) entrepreneur – a person who takes the initiative and organize social and economic mechanisms operating in conditions of risk and full responsibility for possible failure [5, P. 8].
Big Encyclopedic Dictionary contains a legal definition of «entrepreneur» – a person who on a professional basis systematically engaged in business activities (private production, trade, mediation, services, etc.) according to the current legislation of Ukraine. Entrepreneur as an economic entity can be: a citizen who has an active independent business without a legal entity; legal person whatever the form of ownership that is engaged in the production and sale of goods, works and various services; Group legal entities or individuals if one or more of them have a decisive impact on their business activities on the basis of ownership of shares, rights to use assets like. In the legislation of Ukraine the term «entrepreneur» is used primarily about individual as one of the main subject of the entrepreneurship [6, P. 610].
Thus, now in the world there is no universally accepted definition of entrepreneurship as a basic category for understanding the individual entrepreneur. American scientist, Professor Robert Khyzrich defines entrepreneurship as the process of creating something new that has value and entrepreneur – a man who spends it all the necessary time and effort assumes all financial, psychological and social risk, receiving the reward money and the satisfaction [7, P. 20].
In reference literature Entrepreneurship understood as initiative, independent activity of citizens and their associations aimed at making profit or personal income [8, P. 309]. In dictionaries entrepreneurship designated as proactive, independent, carried out on their behalf, at your own risk, under their financial responsibility activities of citizens, individuals and businesses, aimed at systematically obtaining income, income from use of property, sale of goods, works and services [ 9, P. 260].
It should also be noted that subparagraph 3.8.1 of paragraph 3.8 of Section III Classification of legal forms of entities DK 002: 2004 approved by the State Committee of Ukraine for Technical Regulation and Consumer Policy of 28 May 2004, determined that the employer is an individual, who is a citizen of Ukraine, a foreign citizen, stateless person who carries on business. That is, the entrepreneur is any natural person, regardless of nationality [10].
A similar view is shared by the Academic I. Basova, who in her writings holds the position that individual entrepreneurs, which operate as businesses include the following groups:
1) citizens of Ukraine – persons who have citizenship of Ukraine in the legislation of Ukraine and international treaties of Ukraine;
2) foreign nationals – persons who do not have citizenship of Ukraine and citizens (subjects) of another state (or states);
3) stateless persons – persons without citizenship of any country. Thus, individual entrepreneurs is a branch of «entrepreneurial tree» participants of economic relations [11, P. 14].
An important element of the study is the category of «natural person». In terms of the object of our study, this category primarily refers to the position of the subject of civil (including economic) relations. In passing, we note that in the legal literature are different classifications of law.
Thus, the most common classification is the division of the rights to physical and legal entities. But there are very different criteria such division, in particular, natural or artificial (rational) character entity [12, P. 132], according to which the individual is subject to natural law and legal – artificial; original primary criterion according to which the individual is the primary subject of law and legal – derived [13, P. 107-151]; collective individual criterion according to which under an individual person should understand the individual, unit, and legal entities, in turn, are collective entities.
Thus, analyzing the position of domestic and foreign scientists, we can talk about an individual entrepreneur as a person who takes the initiative in the economic sphere of the State, carries on business through increased productivity and lower production costs and is responsible for their activities.
Of course, to understand the legal nature of the individual entrepreneur, you should focus on clarifying the nature of its legal status. Scientific Shamshyna draws attention to the fact that the decisive role in the structure of the entity relationship in labor law updates the problem of scientific research of its legal status and prospects of this status in market conditions, which involves, above all, a clear definition of conceptual categories. The presence of the legal status of a person identifies as an entity, the law establishing the same range of rights and responsibilities, and possible appropriate action of that person. However, the notion of the legal status of the entity and its contents have not received a clear reflection of modern legal science [10, P. 29].
According to Article 2 of the CC of Ukraine members of civil relations recognized individuals and legal entities. As we see, the law specified paper not ignore such a large group of participants in civil relations as private entrepreneurs, who together also covered by the term «individual», but because of their status are some differences in the legal regulation of their relations. However, the legal status of an individual is much broader than the legal status of an individual entrepreneur [10, P. 56].
The issue of the legal status, its definition, content and public relations roles settlement remains debatable as in the general theory of law and science in civil and commercial law.
The status of an individual entrepreneur – a legal status that confirms the right of individuals to engage in business activities, namely independent, active and systematic, at your own risk economic activity carried out by economic entities (entrepreneurs) to achieve economic and social benefits and profit.
However, the legal status of «individual entrepreneur» itself is not affected and does not limit any powers of persons arising out of civil legal capacity [10].
However, in accordance with Article 128 of the Commercial Code of Ukraine citizen recognized entity in the event of his business activities, provided its state registration as an entrepreneur without a legal entity status under Article 58 of the Code [14]. It is in the economic relations between individual entrepreneurs involved primarily as businesses, not as individuals, and only on the basis of their registration and entering information about them in the Unified State Register of Legal and individual entrepreneurs.
As noted above, Article 51 of the Civil Code of Ukraine predicted that for the business activities of individuals is used regulatory and legal acts, that regulates business activities of legal entities, unless otherwise provided by law or follows from the nature of relationships.
Ambiguous interpretation of the rules specified in the scientific and legal literature and in practice causes the appearance of conflicting opinions, which certainly affects its enforcement, because somehow there is a merger of the legal status of an individual with the legal status of a legal entity, which by their legal nature is different.
As the systems analysis shows , in practice, this provision is interpreted based on the following. First, the capacity of an individual entrepreneur is almost equivalent to the capacity of legal entities – commercial organizations. He may have rights and duties necessary to implement any activities not prohibited by law, and for which the law provides restrictions (Article 50 CC of Ukraine). The indicated is evident, in particular, on the basis of the provisions of Article 91 of the Civil Code of Ukraine.
Second, the entrepreneurial activity of individuals, the rules as general civil (Civil Code of Ukraine) and special legislation (Commercial Code of Ukraine, Laws of Ukraine «On State Registration of Legal Entities and Individual Entrepreneurs», «On state support of small business», «On licensing certain types of activities», etc.).
However, it should be noted that the economic legislation «legal person» and «individual entrepreneur» covered by the common term «entity».
Describing the legal nature of individual entrepreneurs, one way or another to apply to the categories of «business» and «business activities». Entrepreneurial activity of citizens characterized by factors such as independence, initiative, systematic, own risk and focus on defined outcome – obtaining economic and social results and profits [15].
The independence of entrepreneurial activity means that the individual operates on its own behalf and not on behalf of the organization, which is whether its leader or founder. According to part 3. 128 of the Commercial Code of Ukraine (The CC of Ukraine) citizen may carry on business as an entrepreneur directly or through a private company that created it. Instead, part 1 of article 128 of the CC of Ukraine recognizes citizen entity in the event of his business activities only if its registration as an entrepreneur. In the case of the creation of a national private company, he acquires the status of the founder of the company with the relevant legal consequences. Accordingly, we must clearly distinguish between the activities of an individual as a business entity and individual activities as founder (participant) of a business partnership, a member of the production cooperative and more. In the latter case, the legal status of an individual acquires the features by investment and corporate relations. This individual as a member of a business partnership may have the status of employer, sometimes such status is required (example, in full partnership [15]).
Thus, taking into consideration presented materials it can be noted that individual – entrepreneur in the civil and economic relations is a versatile member. Principles of realization by him of entrepreneurial activity make him similar to legal entities, while in private relations, in spite of any change in his status, he remains to be a citizen – an individual. Therefore, we should clearly distinguish these different spheres of relations.

Bibliography:
1. Rotan V. Legal status of individual entrepreneurs / V. Rotan // Legal Counsel. – 2006. – № 2. – P. 63-66.
2. Sahaidak Y. Essence, the role of organizational and legal issues of legalization of business in Ukraine / Sahaidak Y. // Entrepreneurship, Economy and Law. – 2006. – № 11. – P. 87-90.
3. The Constitution of Ukraine from June 28, 1996 // Supreme Council of Ukraine. – 1996. – № 31. – Art. 141.
4. Civil Code of Ukraine from January 13, 2003 // Supreme Council of Ukraine. – 2003. – № 40-44. – Art. 461.
5. Business Law: Textbook / Shyshka R. B. – H: Espada, 2001. – 560 p.
6. Great Encyclopedic Dictionary of Law / ed. Acad. NAS of Ukraine Y. S. Shemshuchenko. – 2nd ed., Be refurbished.. – K: Type-in «Legal opinion», 2012. – 1020 p.
7. Hyzrych R. Entrepreneurship / Hyzrych R., M. Peters. – Vol. 1. – M., 1991. – 120 p.
8. Economic Encyclopedia. – Volume 3: P-I / Redkol .: S. V. Mochernii and others. Kyiv – Ternopil Publishing Center «Akademiya», 2002. – 952 p.
9. Great Dictionary of Modern Ukrainian / V. T. Busel. – Irpin .: Perun, 2001 – 895 p.
10. The status of an individual entrepreneur: the problem of applying the legislation: Explanation of the Ministry of Justice of Ukraine from January 14, 2011 // Business Accounting law. Taxes. Consultations. – 2011. – № 8. – P. 56.
11. I. Basova An individual entrepreneur / I. Basova, V. Klets, A. Andrusenko. – H: Factor, 2012. – 704 p.
12. Nersesiants V. S. General Theory of law and state: Textbook for Universities / V. S. Nersesiants. – Moscow: Norma, 2004. – 552 p.
13. Pervomaiskyi O. O. Participation of the territorial community in civil matters: Dis. candidate. jur. Sciences specials. 12.04.03 / O.O. Pervomaiskyi. – Kharkiv, 2003. – 202 p.
14. Shamshyna I. I. Subjects of labor law: legal regulation under market conditions: monograph / I. I. Shamshyna. – Luhansk: Type-in «Literature», 2010. – 448 p.
15. Economic Code of Ukraine from January 16, 2003 // Supreme Council of Ukraine. – 2003. – № 18-22. – 144 p.

Relevance of the study of local government is due primarily to the fact that one of the priorities of the Ukrainian state is to create an effective system of local government which would take into account the experience of countries with developed democracy and reflected local peculiarities. The key of increasing the level of democracy in society is efficient and at most close to the people, local authorities, since the right of citizens to governance is implemented primarily at the local level. Exactly because of it local governments can implement the initiative of millions of citizens, to involve them in active social life, effectively use their knowledge and experience. The right of citizens to participate in government rightly considered as the most important human and civil rights and guaranteed by the Constitution of Ukraine. However, these issues are not addressed in modern scientific literature, and, therefore, the research of institute of local government is topical.
Scientific and theoretical basis of the study were works of domestic and foreign legal scholars on the theory of state and law, constitutional and municipal law. Particularly noteworthy works of I. P. Butko, R. K. Davydov, N. V. Kaminska, V. V. Moldovan, O. N. Yarmysh, V. O. Serohin, V. F. Pohorilko, A. N. Pysariev, V. L. Fedorenko, Y. A. Tykhomyrov, I. A. Sai, O. V. Batanova, I. O. Zaitseva, V. L. Pilkevych, M. V. Onishchuk, V. Kampo, Y. D. Kazancheva, M. P. Vasylenko, M. Z. Novyk, V. M. Parkhomenko, K. I. Rovynska, V. V. Troianovskyi, Markvart, A. F. Tkachuk, R. Ahranoff and others.
Comprehensive and objective investigation of any legal institution assumes, first of all identification and analysis of the basic concepts and categories that are part of the research object, and therefore – let’s define the concept of «local government» in terms of domestic and foreign law and from the standpoint of scientific (theoretical) approaches, and analyze the legal nature of the investigated institution, its genesis and significance for modern society and the state.
Local government – an important category of constitutional, administrative and municipal law, because only through local governments implemented these important principles and elements of democracy: political freedom, equality of citizens, election of state and constant contact with their people, separation of powers, decision-making by will of the majority under the condition of compulsory adherence of minority rights, pluralism [1, p. 359]. Moreover, the local government can be defined as an essential element of democratic society, one of the main and essential factors in the development of democracy in the process of state building.
Institute of Local Government is not a novelette today. Its genesis can be followed since the XI-XV centuries, when in feudal Europe existed principalities, cities, parishes and other local forms of government. The development of trade led to the formation of urban communities, many of whom received the status half-sovereign units and thus laid the basis for the emergence of local autonomy. One example of such autonomy should be considered appearance, since XIII century, in medieval Europe, a large number of cities, including the lands of Galicia-Volyn principality enjoyed an advantage of Magdeburg law.
In the further development of sovereign nation-states in XVI-XVII centuries there was a subordination of cities and other smaller forms of local government to central government, after which the local government began to take shape of administrative subdivisions of the central government. This preliminary autonomous development laid the foundation for the purpose of solution the rights of local communities and their governments, and the process of establishing the dominance of the central government outlined the role of self-governing bodies such as the one which provides local services and solve local problems.
The term «local government» in legal theory was introduced in the 50’s. XIX century by Prussian lawyer R. Peyst, previously were used terms such as «municipality», «local administration», «regional administration» [2, p. 7] .
The Constitution of Ukraine defines local government as «the right of a territorial community – residents of a village or a voluntary association of rural community of several villages, towns and cities – to solve local issues within the Constitution and laws of Ukraine» [3].
A broader definition of «local government» contained in the Law of Ukraine «On local government in Ukraine», according to which «the local government in Ukraine – a right guaranteed by the state and the real ability of a territorial community – residents of a village or a voluntary association of rural community residents of several villages, towns, cities – independently or under the responsibility of authorities and local government officials to address issues of local importance within the Constitution and laws of Ukraine» [4].
Regarding scientific approaches to the definition of local government opinion of Professor N.V. Kaminska should be given, who in her writings, notes that «local government is the organizational form of exercise public authority in the field that aims to provide an independent (under his responsibility) resolving citizens, reside within the administrative and territorial unit of local issues in the interests of the population, history and local traditions» [2, p. 10]. From this definition implies that local government is not only the right but also the immediate implementation of the organizational form of the public authorities in the field. In fact, one could argue that local government is part of the legal mechanism of citizens across state government, which is limited to a specific territory defined by law (administrative unit).
Such definition of local government offers domestic scholar, a specialist in constitutional law V. F. Pohorilko «Local Government – is determined by the Constitution and laws of Ukraine the right of territorial communities themselves, under their responsibility, directly or through community agencies formed to address issues of local importance» [5, p. 396]. This definition is in form above tends to the constitutional definition of local government.
Local government as an institution of constitutional law is characterized by a number of signs that as more fully express its essence and legal nature. Most scientists agree that the main features of local government should include the following [6, p. 36]:
– Local government, as an institution of the state, has a special place in the mechanism of governance and state, addressing specific form of public power, which is not part of the mechanism of state power;
– Local government has a special facility management – local issues – subjects of jurisdiction, fixed by national legislation.
– One of the specific subjects of local government is the local community. And specificity is that at the local level can be seen the transformation of the territorial community’s management in its primary subject.
Yes, under the administration is understood any meaningful impact of the subject of administration on the object of administration. But in the condition of self-government the impact of the management system on itself is evidently stronger. Thus, as well Y. A. Tikhomirov said – here is no two systems –administrative and which is administrated there only one – self-administrative [7, p. 21]. It follows from this that the fundamental principle of the content and substance of government.
– Independence of local government, which finds its expression in the organizational, material and financial isolation, independent decision of local affairs within the competence fixed by law, and self-accountability of local government officials.
Local government in accordance with its inherent features and functions most scientists define as «a form of local government» or «public form of exercise of power». In particular, the domestic scholar I. A. Sai in his writings, notes that «local government is one of the most effective forms of local governance and territorial development. Where it really operates, where the local population has a real right and opportunity to solve local issues, an increase in local revenues and socio-economic development in general» [8, p. 159]. Thus, there is not only the political and legal importance of local government, but also its economic and social role, which is consists of the most effective management of local affairs by those subjects that are the most close to these cases. Accordingly, there is an important economic effect of cost-effective use of local and national resources according to local needs. This local government is part of the market economy, which, however, during the Soviet Union was not used.
Analyzing the works of local and foreign specialists in law, in fact, can be traced consensus on the importance of local government assessment, which is a positive assessment of the institution and its recognition of the essential element of a modern democratic state. As the A. V. Batanov said «Local government can be a fundamental expression of cultural diversity that exists both globally and at the regional and local levels. It is the most democratic response to the challenges of globalization, such institution that affirms the need to respect the special, unique, inimitable» [9, p. 30].
The above research points to the fact that local government is a complex mechanism, form of the element of power and democratic state. Therefore, its implementation, promoting its real activity should be one of the most important tasks of the modern Ukrainian state.

Bibliography:
1. O. F. Skakun Theory of law and right / Textbook / Transl. from Russian. – Kharkiv: Konsum, 2001. – 656 p.
2. Kaminska N. V. Local government: theoretical and historical and comparative legal analysis: Training. guidances. / N. V. Kaminska. – K., KNT, 2010. – 232 p.
3. The Constitution of Ukraine on June 28, 1996 // Supreme Council of Ukraine. – 1996. – №30. – Art. 141.
4. Local government in Ukraine: Law of Ukraine on May 21, 1997 // Supreme Council of Ukraine. – 1997. – №24. – Art. 170.
5. Pohorilko V.F. Constitutional law of Ukraine: Textbook / V. F. Pohorilko, V. L. Fedorenko. – K: Legal unity, 2010. – 432 p.
6. Yarmysh O. N., V. A. Serohin State construction and local government in Ukraine / Kharkiv: Ed. Nat. Univ ext. Affairs, 2002 – 672 p.
7. Tikhomirov Y. A. The dialectic of control and self-management/ Y. A. Tikhomirov //Philosophic questions. – 1983. – №8. – p. 21
8. Sai I. A. Problems of development of local government in Ukraine / I. A. Sai //Countries and regions. – 2010. – №1. – p. 159-162.
9. Batanov A. V. Modern munitcipalizm in Ukraine in the context of the major types of municipal right understanding / A. V. Batanov / Series «Jurisprudence». – 2011. – №1 (1). – p. 28-34.