Volume 11 - Issue 59
/ November 2022
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http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.59.11.7
How to Cite:
Perezhniak, B., Vasylchuk, L., Bevz, T., Pyroha, S., & Batan, Y. (2022). Digitization process in the local self-government:
International-legal experience. Amazonia Investiga, 11(59), 79-85. https://doi.org/10.34069/AI/2022.59.11.7
Digitization process in the local self-government: International-legal
experience
Процес цифровізації в органах місцевого самоврядування: міжнародно-правовий
досвід
Received: November 10, 2022 Accepted: December 13, 2022
Written by:
Boris Perezhniak18
https://orcid.org/0000-0002-4096-0861
Larysa Vasylchuk19
https://orcid.org/0000-0002-8370-0541
Tetiana Bevz20
https://orcid.org/0000-0001-9010-7474
Serhii Pyroha21
https://orcid.org/0000-0002-7093-3207
Yurii Batan22
https://orcid.org/0000-0003-4924-2054
Abstract
Digitalization of the activity of state authorities
and local self-government bodies significantly
facilitates communication between citizens, the
state, and businesses. In modern conditions of
globalization and comprehensive digitalization
of the service sector, the development and
implementation of digital technologies in the
field of local self-government are taking place.
Due to this, the authors analyzed how the
transformational path to digitization in the field
of local self-government in Ukraine and abroad
is taking place in detail. The purpose of the work
is to study the international legal experience of
digitalization of local self-government, to
determine the main advantages and problematic
aspects, as well as the peculiarities of the
implementation of digitalization tools in
municipal administration. The methodological
basis of this study is such methods as logical
generalization, method of economic analysis,
method of comparison, graphic methods, method
of theoretical generalization, the system method,
methods of positive and normative analysis,
metaphysical method, historical method,
18
Doctor of Legal Science, Professor of Constitutional Law Department of National University "Odesa Law Academy", Honored
Lawyer of Ukraine, Academician of the National Academy of Sciences of Higher Education of Ukraine, Ukraine.
19
Candidate of science of law (Ph.D), Assosiate professor of the Department of Constitutional Law and Comparative, Uzhhorod
National University, Ukraine.
20
Ph. D. candidate of the Department of State and Legal Disciplines, Institute of Law named after I. Malinovskyi, National University
of Ostroh Academy, lawyer, Ukraine.
21
PhD candidate in Law, Augustin Voloshin Carpathian University, Uzhhorod, Ukraine.
22
Ph.D., Assistant Professor of Constitutional Law Department of National University "Odesa Law Academy", Ukraine.
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synergistic method, and intuitive method. As a
result of the conducted research, both the
national and international experience of
digitalization of local authorities were analyzed
and the prospects for the development of digital
management tools in the near future were noted.
Keywords: local self-government bodies,
municipal administration, digitalization, digital
services, international experience.
Introduction
In the conditions of globalization processes and
the implementation of digital technologies in
various spheres of public life, the transformation
of public administration is taking place, which
fundamentally changes the institutional
environment of local service provision,
administration, and management in Europe and
the world. And therefore, in this aspect, the fact
that the actual state of implementation,
consequences, and obstacles faced by local
authorities is not yet sufficiently researched in
public administration is a source of concern and
criticism.
Overall, the digitalization of local government is
an important reform trend at the local level, and
therefore it is important to clarify the
implementation process and its obstacles, as well
as to find out how digitalization affects
employees and citizens, providing explanations
and revealing general relationships between
institutional changes, influences and contextual
factors of digital transformation. Digitalization
affects both ethical issues and issues of retraining
citizens and employees of local self-government
bodies, as the provision of public services
becomes self-service for citizens (United
Nations, 2022b).
Therefore, the implementation of innovative
information and communication technologies is
considered in most countries of the modern world
as one of the national priority strategic tasks.
Digital technologies, as well as management and
public activities related to them, form the digital
sphere of modern society, on which, in the
current conditions, its economic and innovative
potential, social progress, management
efficiency, the implementation of democratic
procedures, education, the level of human
development, national security and defense
capability significantly depend on. The country's
lagging behind in the rate of growth of goods and
services produced and provided with the help of
digital technologies has the consequence of its
lagging behind in other industries as well.
Conversely, the dynamic development of the
digital sphere, with the help of digitalization, is
the fundamental basis for increasing the country's
competitiveness in the international arena and the
quality of life of its citizens, which is achieved in
many ways due to the increase in the diversity
and scope of providing them with both traditional
and new services, using modern digital
technologies (United Nations, 2022a).
The wave of new public management in public
sector organizational change was based on the
themes of disaggregation, competition, and
incentives. Although its effects are still being felt
in countries that have just started to adopt new
ways of managing local government, a number of
changes centered on communication and
information technology will be critical to the
current and next wave of change, and we focus
on themes of reintegration, needs-based integrity,
and digital transformation.
In such conditions, a new reality is being created
in the world, which prompts the governments of
various countries to implement technologies both
at the local and national levels. And that is why
the question of researching the international legal
experience of digitalization of local self-
government bodies is relevant and necessary.
Theoretical Framework or Literature Review
The process of digitalization in the sphere of state
authorities and local self-government was
studied by both domestic and foreign scientists.
The potential of digital transformation in the
communities of Ukraine was considered by Bilyk
(2022). The author concluded that digital
transformation is a concrete opportunity to erase
the distance between people and the state.
Perezhniak, B., Vasylchuk, L., Bevz, T., Pyroha, S., Batan, Y. / Volume 11 - Issue 59: 79-85 / November, 2022
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However, the success and timing of the
implementation of digitalization depend on many
factors at the same time, among which is the
study of technical capabilities and requests in
communities, strategic planning, and digital
education.
Borodin, Piscoha, and Demoshenko considered
the problems and advantages of the digitalization
of local self-government in their paper (Borodin,
Piscokha & Demoshenko, 2021). The authors
analyzed the terms "digital transformation" and
"digitalization" and noted that digital
transformation occurs in stages and gradually,
and organizational culture moves from manual
processes to digital systems. At the same time,
according to the authors, out of all sectors of
public administration, local self-government
bodies can benefit the most from investments in
digital technologies and improve relations with
community residents.
Kvitka considered digital transformations as a
modern trend of the periodic cycle of society's
development in his work (Kvitka, 2020). The
basic definitions of the conceptual and
categorical apparatus of digital governance in
Ukraine were highlighted by Kuybida,
Karpenko, and Namestnik (Kuybida, Karpenko
& Namestnik, 2018). In particular, the
researchers noted that the formation and
implementation of a digital strategy in public
governance, and its digitalization is an important
area of both scientific research and practical
activity, and therefore the formation of a national
conceptual and categorical apparatus in the field
of digital governance is a complex and
responsible task. In addition, the authors justified
the difference between digitalization, digital
strategy, and IT strategy, and also emphasized
that e-government is a component of digital
government and not a synonymous name.
Pavlov emphasized the features of the
digitalization process of public administration in
developed countries (Pavlov, 2021). The author
noted that the total integration and introduction
of uniform transparent rules for all participants of
the system units of state administration and local
self-government aims not only to increase the
efficiency and quality of digital governance but
also to reduce the number of employees.
In their article «Digital transformation of
information management of the economy of the
EU member states» the authors analyzed the
features of the programs used by state bodies and
the problematic issues of their implementation
(Yakushenko & Shymanska, 2017).
Researchers Schou, Pors (Schou & Pors, 2019)
analyzed the digitalization reform in Denmark
and the new mechanisms of exclusion that appear
at the forefront of the digital agenda, in
particular, new knowledge was gained about the
impact of digitalization policies and their
negative consequences for disadvantaged
citizens.
Lethbridge (2015) identifies trends in the
digitalization of local government services in
Europe, with particular emphasis on Denmark,
Finland, France, Italy, Scotland/Great Britain,
Germany, Estonia, and Croatia.
Dunleavy, Margetts, Bastow & Tinkler (2006)
analyzed the new opportunities of the current
period, including opportunities for the transition
of integrated, flexible, and holistic management.
The authors consider that the goal of a coherent
and informed management strategy of the digital
era is not simply the achievement of a time-
limited or one-time direct incentive to solve
social problems, but also the openness of
governing bodies to simplicity and automation in
routine operations, as well as to flexibility and
responsiveness in service provision and
government monitoring risk environment.
Heuberger & Kuhlmann (2021) analyzed the
features of digitalization at the local level. The
study concluded that the digital transformation of
local government faces some serious obstacles in
Germany. Although local one-stop centers are
key to the digitalization of local administration,
digital transformation is currently limited to the
information function of e-government, while
online communication between local
governments and citizens is much less
developed, and the transaction function is
practically non-existent.
In the article of Perezhniak, Hryshchuk, Menso,
Strukova, & Nazarko (2021), the issue of
classifying local self-government as a subject of
law under private and public law was
investigated, and a number of features were
identified that are characteristic of both public
and private law. Based on the analysis of
scientific literature, the main characteristics of
the local self-government system have been
determined.
Methodology
The methods of logical generalization were used
during the conducted research. Thus, to
determine the prerequisites and features of the
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development of digital transformation in local
self-government bodies in Ukraine and in
international practice, the specified method was
used.
To assess the state of population activity in
digitalization processes in various regions both in
Ukraine and in foreign countries, the method of
economic analysis was used. In general, the
method of analysis helps to understand the
system of state-legal phenomena in its integrity,
as well as the processes of transformation in it.
This makes it possible to establish the presence
of connections between various elements of the
system, as well as with the external environment
and helps to diversify ideas about the complexity
of the functional sphere of local self-government
and the role of human and citizen rights and
freedoms in this context.
In the study of trends in the development of
digitalization processes in different cities and
countries, the method of comparison was used.
This method serves as a way of generating and
refuting theories and hypotheses and seeks to
verify the validity of arguments with the help of
science and the study of similarities and
differences, which significantly helps in the
analysis of international legal experience.
Visualization of the results of the economic
analysis and evaluation of the values of
digitalization indicators in different areas became
possible thanks to graphic methods.
Using the method of theoretical generalization
made it possible to understand the essence of the
digitalization of local self-government.
In order to generalize the influencing factors,
advantages, and challenges expected from the
digital transformation of local authorities, a
systematic method was used. In the most general
and broad sense, the word system method means
a method in which they are considered as parts or
elements of a certain integral formation. These
parts or elements, interacting with each other,
determine new, integral properties of the system,
which are absent in its individual elements.
Therefore, when studying digitalization
processes in local self-government bodies, it is
important to pay attention to the fact that this
process must be considered to a certain integrity,
consisting of parts, and study it as a system.
Methods of positive and normative analysis are
necessary for developing recommendations for
improving national globalization processes on
the basis of digitalization. In particular, a positive
analysis made it possible to identify regularities,
normatively define ideals, and formulate basic
prescriptions. The normative method made it
possible to answer the question: "Is it possible to
digitalize local self-government?". A positive
answer to the question: "What can be and, most
likely, will be the consequences of such
digitalization?" What will be the price of
digitization for society?
The application of the metaphysical method
became relevant for this study, which helped to
more fully reveal the "internal" features of
digitalization of local self-government and the
processes related to its provision. First of all, it is
necessary to establish and take into account the
specific features and properties of state-legal, as
well as social phenomena and processes that have
significant practical value.
Objective processes of a historical nature were
also taken into account, especially the experience
of scientific development of issues, taking into
account the foreign experience of legal
regulation of the researched process.
The synergistic method made it possible to
consider the non-linear development of
phenomena and processes belonging to ordered
systems or related to them, including state-legal
ones for a better understanding of the issues of
digitalization of local institutions.
The application of the intuitive method consists
of the irrational perception by a person of the
essence of the problem or its various aspects.
Clarification of various aspects of the
phenomenon of digitalization, which are
incomprehensible when applying ordinary
logical techniques and methods, is determined
primarily by the subjective possibilities of
research of state-legal phenomena.
Results and Discussion
1. Basic principles of digitalization of local
self-government.
Digitalization of local self-government is
implemented as part of the general process of
digital transformation.
It is worth highlighting the following elements of
local self-government, which require a separate
approach to digitalization policy:
1) municipal administration;
2) participation of residents in the
implementation of local self-government;
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3) direct formation of local self-government
bodies by residents.
The benefits of implementing digital
transformation tools (GovPilot, 2020):
1. Convenience (digital processes provide
community residents with access to
programs without leaving home).
2. Transparency (digital processes promote
transparency by automatically notifying
citizens of the completion of each step of the
process of consideration of issues).
3. Effective use of employees' working time.
4. Automation of tasks.
5. Creation of data.
6. Unification of subdivisions.
7. Improving cyber security.
8. Reduces costs.
At the same time, the specified list of advantages
is not exclusive and will continue to be explored
in the future.
2. International legal experience of
digitalization of municipal authorities.
It is worth considering the international
experience of implementing digital technologies
at the local level in more detail.
In general, three models of the functioning of
states and their methods of interaction with
citizens are distinguished, which helps to
compare the main digital parameters of national
and foreign authorities and allows to identify of
the best global models.
1. Social-market model (EU countries), the
state and local self-government bodies play
an active role in ensuring the welfare of
citizens, mitigating the consequences of
economic risks, but the cost of social
programs is quite high, which leads to an
increase in taxes, the appearance of
problems in the labor market;
2. Models of state capitalism (Russia, China),
the state takes an active economic position,
centrally manages municipal entities,
participates in the management of many
private companies;
3. The US model is dominated by competition
and market methods, and state intervention
is carried out within the framework of liberal
ideology (Pavlov, 2021).
In order to build such models, it is necessary:
1) determine the stages of development of
digital transformations;
2) determine the indicators of the development
of the digital economy corresponding to the
stages;
3) develop a list of the most important
digitization and digital transformation
measures;
4) to approve the structure of management
bodies that can ensure the implementation of
these measures (Council of Europe, 2013).
1. Great Britain
− a government modernization program was
developed with an emphasis on creating a
system of electronic state and municipal
services:
− the government strategy of Great Britain
envisages the development and use of all
types of electronic services (via the Internet,
mobile communications, digital television,
and service centers).
− the "Electronic government" system (E-
government) was created.
− the task of obtaining all public services
online by citizens is successfully solved.
− the system of paying taxes via the Internet is
functioning, modern information portals for
the population, and electronic "universes"
are being created (Pavlov, 2021)
2. Canada
− e-government has been implemented
(providing services, settlement
operations, and interaction with citizens
and business representatives takes place
online through electronic kiosks or the
Internet). This helped establish closer
cooperation in the provision of services
between the federal level of power and
local self-government.
− more open and transparent activities of
governments have been implemented (it
is possible to get acquainted with the
reports and plans of any Canadian
government body on its official
website) (Pavlov, 2021).
India
− India seeks to bridge the regulatory gap
between the growth of data generation and
the need to regulate and use available data.
In doing so, India has developed frameworks
for both data protection and data sharing,
measures to further leverage data by both the
government and the private sector for socio-
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economic benefits. (Matthan & Ramann,
2022)
Italy
− Implementation of an investigation and
intelligence system aimed at improving
legality and competitiveness in the Calabria
region (designed for the police and justice
authorities to define the line between legal
and illegal business) (Lindgren, Østergaard,
Hofmann & Melin, 2019).
Spain
− The Innovation Plan of the City Council, of
Málaga is to simplify the structures,
processes, procedures, and tasks in the
municipality of Málaga, create a culture of
good governance, and make better use of
resources. (Lethbridge, 2015)
Germany
− Digitizes the field of education. It aims to
improve the quality of education, promote
more active participation of families in the
daily routine of children's institutions,
develop parental competencies, and develop
an integrated approach to working with
families and a network of neighbors to
support families (Lethbridge, 2015).
We should also consider the successful
experience of the digitalization of local self-
government in Ukraine. For example, in the city
of Rivne Memorandum in connection to E-Demu
services was adopted. However, the Soft issue
has not yet been resolved, as it is not possible to
purchase the software due to legal restrictions
(Dezentralezation, 2022).
A comparative legal analysis of models of
digitization of local self-government in different
countries and in Ukraine confirms that the
institutions and mechanisms of state power are
determined by different historical, economic,
political, and cultural experiences. In each of the
models, the functionality of public
administration bodies supports the necessary
level of regulation of socio-economic processes
and ensures sustainable social development
(OECD, 2016).
Conclusions
As a result of the conducted research, an analysis
of the international legal experience of the
digitalization of local self-government was
carried out, and the following conclusions were
drawn:
1) International experience shows that the
implementation of common rules for all
participants in the system units of state
administration and local self-government
not only increases the efficiency and quality
of digital governance but also makes it
possible to reduce the number of employees.
2) There are various models of implementation
of digitalization at the local level in the
world. The assessment of the state of
implementation of a certain model of
digitalization of local self-government and
the identification of trends in the
development of the digital transformation of
society in the country is carried out by
checking details and indicators, the results of
special empirical studies of the market of
information, communication and digital
technologies conducted by Ukrainian and
foreign companies, accounting for rating
assessments and by carrying out a
comparative analysis for a set of existing
models of different countries and indicators
and forming an understanding of which of
the models is suitable for use and which
needs improvement.
3) The digital transformation of local self-
government in Ukraine is not happening
enough, although this area may have
significant potential, namely: the transition
from paper processes to cloud storage of
documents, a wide Wi-Fi network, and
mobile devices, faster and more transparent
provision of services.
4) Among the main factors affecting the
digitalization process in foreign countries,
the following can be distinguished: features
of the market economy, development of civil
society, decentralization of power, and the
implementation of socially significant
projects that contribute to the observance of
the principles of social equality and justice.
Regarding further scientific research, it is
important to analyze the international experience
of providing digital services by local self-
government bodies and their development
prospects.
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