mmunities - there can be formed original local constitutionalism [22]. idea of ??local constitutionalism, despite the difficulties of its embodiment in the Ukrainian society, objectively responds to tendencies of the constitutional evolution in the modern democratic world. Triumphal development of principles of subsidiary, regionalization and decentralization which took place in Europe after the Second World War has generated the tendency of municapalization of the constitutional life and the European constitutional space. the old- and new democratic countries of Europe they more and more realize, that the excessive centralism does not strengthen the state, and leads to inability of the state authority. Local self-management, regionalization and decentralization are becoming now the leading principles of the European policy and constitutionally-legal regulation. , The major orientation of the principle of subsidiary in 20th century meant the overcoming of fascist and communistic tendencies, protection of autonomy of the person and the right to self-management of local political units - territorial collectives, communes, and districts. Subsidiary to organization of authority was opposed to the tendencies of authoritative centralization of the state. Subsidiary was considered as the precondition of the democratic constitutional system based on freedom: of state following the principle of subsidiary, guarantees to the citizen s freedom and independence; guarantees local and regional self-management [23]. of freedom through realization of the principle of subsidiary is at present proclaimed one of the traditional values ??of the European constitutionalism (the European charter of local self-management of 1985, the project of the European charter of regional self-management). the one hand, recognition and warranting of the wide range of rights of territorial collectives in the democratic countries creates conditions for formation in them of the model of the so-called the municipal state raquo ;, and, on the other hand - the developed local self-management should become the starting mechanism of the process of Euro integration and constitutionalization of the European legal space [24]. Original approach of the constitutionalism to the level of functioning of the free person and his associations (territorial units), first of all influencing the local level, concerns all processes of transformation and updating of public political authority in conditions of democratization of the state and society. The attributes of authority under such conditions should, first of all, be its humanization raquo ;, caused, first of all, recognition as independent subject of imperious relations of the citizen of the state, and presence of special subjects - territorial collectives. , Diversification of power, recognition equal in rights partner of the government - local self-management, - transfers public authority mainly in the sphere of private law, in the sphere of functioning of individuals - citizens of the certain territories and their associations mainly free from state-legal regulation, in the sphere of law-independent space in the civil society. This sphere allows free activity and realization of interests, of both territorial collectives, and their members - the citizens of the certain territories. , The municipal authority should find its legal regulation within the framework of the constitutional law being the classical branch of the public law, however, under its multifactor influence gives in to essential privatization in conditions of democratic changes. At the same time, the municipal authority does not leave completely the sphere of publicity (proved by its permanent multilevel statutory-legal regulation), and its subjects of legal regulation (including constitutionally-legal) become ostensibly adjacent, penetrated with private-law beginnings [25]. Such tendency of privatization of constitutionalism is consequence of one of the major features of local self-management directly connected with the natural right and resulted in permanent retraction in the orbit of constitutionally-legal regulation of private-law regulations as statutory principles of constitutionalism. The process is based on recognition of supremacy of human values ??and individual interests over all others, including public interests. provisions. Transition of higher organs of the government to the practice of the new democratic constitutionalism has begun possible due to their influence on the traditional model of political development. That is the problem of transition of Ukraine to the given type of constitutionalism is, first of all, the problem of civilized choice as it is connected with innovative model of political development, rational philosophy, etc. the new democratic constitutionalism is necessary, and practically it is still effectively used neither by up-date authority, nor the parliamenta...
