LOCAL GOVERNMENT IN THE RUSSIAN FEDERATION. The principle elements of the communist local government system: Hierarchical Subordination. Hierarchical.

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Presentation transcript:

LOCAL GOVERNMENT IN THE RUSSIAN FEDERATION

The principle elements of the communist local government system: Hierarchical Subordination. Hierarchical Subordination. Usurpation of Representative and Executive Roles. Usurpation of Representative and Executive Roles. Discrediting of the Idea of Political Parties. Discrediting of the Idea of Political Parties.

THE LOCAL GOVERNMENT TRANSFORMATION First stage April 1990 April 1990 Law “On general principles of local self- government and local enterprise in the USSR” July 1991 July 1991 Law “On local self-government in the RSFSR”. Second stage December l993 December l993 Adoption of the New Constitution of Russian Federation Adoption of the New Constitution of Russian Federation

Constitution of the Russian Federation: Article 12 In the Russian Federation local self-government is recognized and guaranteed. Within the limits of its powers local self-government is independent. Organs of local self- government do not form part of the system of organs of State power. Article 12 In the Russian Federation local self-government is recognized and guaranteed. Within the limits of its powers local self-government is independent. Organs of local self- government do not form part of the system of organs of State power. Article 130 1) Local self-government in the Russian Federation ensures that the population autonomously resolves questions of local importance and the ownership, utilization, and disposal of municipal property. 2) Local self-government is exercised by citizens by means of referendums, elections, and other forms of direst expression of will and through elected and other organs of local self- government. Article 130 1) Local self-government in the Russian Federation ensures that the population autonomously resolves questions of local importance and the ownership, utilization, and disposal of municipal property. 2) Local self-government is exercised by citizens by means of referendums, elections, and other forms of direst expression of will and through elected and other organs of local self- government. Article 131 1) Local self-government in urban and rural settlements and other territories is exercised with due consideration for historical and other local traditions. The structure of local self- government organs is autonomously determined by the population. 2) Changes to the borders of territories where local self-government is exercised are permitted with due consideration for the opinion of the population of the relevant territories. Article 132 1) Organs of local self-government autonomously manage municipal property, formulate, approve, and implement the local budget, levy local taxes and duties, implement the protection of public order, and also resolve other questions of local importance. 2) Individual state powers can be vested in organs of local self-government by law, with the transfer of the material and financial resources necessary to exercise them. The exercise of delegated powers is monitorable by the State. Article 131 1) Local self-government in urban and rural settlements and other territories is exercised with due consideration for historical and other local traditions. The structure of local self- government organs is autonomously determined by the population. 2) Changes to the borders of territories where local self-government is exercised are permitted with due consideration for the opinion of the population of the relevant territories. Article 132 1) Organs of local self-government autonomously manage municipal property, formulate, approve, and implement the local budget, levy local taxes and duties, implement the protection of public order, and also resolve other questions of local importance. 2) Individual state powers can be vested in organs of local self-government by law, with the transfer of the material and financial resources necessary to exercise them. The exercise of delegated powers is monitorable by the State.

THE LOCAL GOVERNMENT TRANSFORMATION August 1995 Law “On general principles of local self- government organization in the Russian Federation” Law “On general principles of local self- government organization in the Russian Federation” October 1999 Decree of the President of Russian Federation “On general statements of local self-government policy in Russian Federation” Decree of the President of Russian Federation “On general statements of local self-government policy in Russian Federation” Third stage 6 October 2003 New Law “On general principles of local self-government organization in the Russian Federation”, from so called Kozak's package New Law “On general principles of local self-government organization in the Russian Federation”, from so called Kozak's package

As a result of a long legislative process local government in the Russian Federation possesses some basic characteristics of the European local authorities: the status of local authorities in the national constitution, which guarantee their authority and position in the political and administrative system the status of local authorities in the national constitution, which guarantee their authority and position in the political and administrative system the general competence of local authorities, which have general powers on the local level to undertake activities for the benefit of their inhabitants the general competence of local authorities, which have general powers on the local level to undertake activities for the benefit of their inhabitants a wide spread of functions reflecting the concept of the local authority as exercising for its community a comprehensive care and regard for their interests a wide spread of functions reflecting the concept of the local authority as exercising for its community a comprehensive care and regard for their interests the integration of local authorities into the national governmental and administrative structure, with an interdependency and awareness between levels of government the integration of local authorities into the national governmental and administrative structure, with an interdependency and awareness between levels of government

At the same time local government in Russia possesses some characteristic features that can remind us of the North American democracies: a miscellaneous pattern of local authorities, commonly self-incorporated under the provisions in the republican or regional constitution according to what is allowed and prescribed for a community of a certain level of population and so with wide variations in powers and scope as well as in size a miscellaneous pattern of local authorities, commonly self-incorporated under the provisions in the republican or regional constitution according to what is allowed and prescribed for a community of a certain level of population and so with wide variations in powers and scope as well as in size a loose political party system without long- term party ideologies and programmes, with local parties activated in general only at times of elections; with wide open opportunities for membership and candidacy a loose political party system without long- term party ideologies and programmes, with local parties activated in general only at times of elections; with wide open opportunities for membership and candidacy

MAIN PROBLEMS:

INTER-GOVERNMENTAL RELATIONS Despite the status of local government in the national constitution Russian local authorities in reality are to a large extent the creation of each main federal unit and exist within limits often defined in great detail in republican/ regional constitutions and legislation.

LOCAL FINANCE the lack of local control over finances. the lack of local control over finances. off-budget funds off-budget funds a permanent financial crisis characterized by huge local budget deficits and deteriorating services. a permanent financial crisis characterized by huge local budget deficits and deteriorating services. Accountability, efficiency, and responsibility fall by the wayside under the present system of local government finance. The current state of affairs nourishes corruption and nepotism as public scrutiny is largely absent.

LOCAL GOVERNMENT STRUCTURE Two tiers of sub-regional government: the upper tier - cities and districts. the upper tier - cities and districts. the lower tier - towns, settlements, villages. the lower tier - towns, settlements, villages.

RANGE AND DISTRIBUTION OF ACTIVITIES local planning, local roads, public transport, cultural matters and local libraries, recreational facilities, public utilities including water, drainage, gas, electricity and refuse collection and disposal. local planning, local roads, public transport, cultural matters and local libraries, recreational facilities, public utilities including water, drainage, gas, electricity and refuse collection and disposal. housing, public transport, retail trade and services, medical care, education and social policy. They undertake some economic development activities. housing, public transport, retail trade and services, medical care, education and social policy. They undertake some economic development activities. free in starting new activities in the public interest not already allocated. free in starting new activities in the public interest not already allocated. So the listing of functions is never complete.

ELECTORAL ARRANGEMENTS “Winner take all” system, with highly individualized competitive electioneering. “Winner take all” system, with highly individualized competitive electioneering. The dominating pattern is a ward system where districts, to conform with the “one- man one-vote principle”, must have as equal a number of voters as reasonably possible. The dominating pattern is a ward system where districts, to conform with the “one- man one-vote principle”, must have as equal a number of voters as reasonably possible. Local election turn-out differs greatly and depend on the local political situation. In any case it is always lower than at national elections. Local election turn-out differs greatly and depend on the local political situation. In any case it is always lower than at national elections.

INTERNAL ORGANIZATION A clear emphasis on executive power and one-man management, outlining the obligatory election of representative bodies. The most typical model is that of strong mayor vs. weak council.

The implementation of the new Law “On general principles of local self-government organization in the Russian Federation” is postponed. THE TRANSITION PERIOD TILL THE 1ST OF JANUARY 2009.