ГОСУДАРСТВЕННОЕ УПРАВЛЕНИЕ/3.Взаимодействие разных ветвей
власти.
Yertay Kh. master of economic sciences
Mukarov A. student gr. LGM-41K
Karaganda University of Economics, Kazpotrebsoyuz,
Kazakhstan
DEVELOPMENT OF LOCAL
GOVERNMENT IN THE REPUBLIC OF KAZAKHSTAN TODAY
In legal literature, under the local government means self-government
activities and guaranteed population of the administrative-unit and its elected
officials to manage local affairs, a form of exercising democracy in the field
of territorial or local authority staff.
The CIS model law this term is interpreted as "a form of
implementation of the power of the people, carried out by independent and
responsible activity of the population of municipalities to address issues of
local importance, in accordance with the constitution and laws of the
state."
One of the basic institutions of a democratic civil society is a system
of local government. Its establishment was declared in 1995, when the national
referendum adopted the Constitution of the Republic of Kazakhstan [1].
The theoretical basis for the constitutional and legal regulation of
local self-government are universally recognized values of
municipal democracy and municipal management, fixed by the European Charter of
Local Self-Government [2].
The Constitution has not defined levels of local government. If we
assume that it is created at all levels of territorial administration, the
question arises, what other representative structures of the state can be
created at the local level if maslikhats - it is the local authorities? Article
85 of the Constitution establishes the implementation of local government local
representative and executive bodies. Logical to assume that the local
communities can be created in the lower levels of management, in addition to
the regional. Due to various factors (the huge size of areas, low population
density, availability of vast deserts and other unfavorable areas of life, the
unevenness in economic development, etc.), self-management at this level is problematic.
Regional and related maslikhats should retain its former status as a regional
representative of the State. If they recognize the local government, it means
that in the areas necessary to create parallel representative structure, which
will be treated legally in the state. Otherwise Art. 85 of the Constitution
will remain not fully implemented.
Designed in 2006 by the Government and submitted to public discussion
draft of the Law "On Local Self-Government in the Republic of
Kazakhstan" is focused on the introduction of local government in the
areas of cities, district towns, settlements, aul (rural) districts, auls
(villages). this institute Organizational structure suggests Kenes
(representative bodies) and Thor Aga (actuators), but in the process of passing
a bill in Parliament has caused a lot of criticism and was withdrawn by the
Government. [3]
The next step is to establish a system of local government was made May
21, 2007, when changes were made and amendments to the current Constitution.
Kazakhstan's Constitution contains no clear definition of the concept, however,
states that "the Republic of Kazakhstan recognized by the local
government, providing an independent decision population of local issues"
(para. 1, Art. 89) [1]. The Basic Law also regulates the organization and
activity of local public administration, which suggests a close relationship
between these concepts. Therefore, the establishment of local government
structures is impossible without reforming the state bodies in the field.
The Constitution have changed the basic forms of realization by citizens
of their right to self-government. Previously, as they recognize the election
of local authorities, the activities of elected and other government officials,
as well as the right to appeal personally to direct individual and collective
appeals to local authorities (para. 1, Art. 33) [1]. In fact, it has limited
other forms of direct decision population of local issues, for constitutional
norms provide a closed list of forms of local government. Any other methods
will of the citizens (eg, the same meetings, assemblies), even if it is
enshrined in law, actually put them out of the constitutional field.
RK Law of May 21, 2007 radically changed the constitutional provision,
because it does not disclose the direct form of realization of citizens' right
to local self-government. It could be the election of local governments, and
local reform and law-making initiative, meetings and gatherings of citizens,
etc. These ways of expression of the population living on the territory of the
community, will be determined by the law, which creates the possibility of
their potential diversity [2].
In addition, at the constitutional level Maslikhats recognized as local
governments are allowed to create and other government bodies, the possibility
of delegating authorities secured community government functions.
The basic law of the Republic of Kazakhstan "On local government
and self-government in the Republic of Kazakhstan" put extra chapter 3-1
"Participation of citizens in local government." Article 39-1 is
attached to the principle of territoriality of individuals as a condition of
recognition of a member of the local community, their participation in local
government. For the citizens of the Republic of Kazakhstan in this condition is
the fact of registration of residence. However, they have full rights of the
members of local government. Therefore, the availability of real estate or a
permanent job in the relevant territory is not the basis of recognition of the
local community members. The main thing - it is necessary to permanently reside
here. [2]
Amendments to the existing legislation does not complete the process of
formation of local self-government system. On the contrary, this process has
only just begun. You want to create a complete legal framework of local
government, the economic and financial basis, to continue the further
improvement of legislation in this area. In this regard, approved by
Presidential Decree of November 28, 2012 № 438 Concept of development of local
self-government in the Republic of Kazakhstan contains the analysis of
problematic issues of this sector in our country and determine the guidelines
and parameters of the formation in the near future local government system.
The concept provides for two stages for the formation and development of
an effective system of local government:
(. 2013-2014), the first phase - the expansion of the capacity of the
existing system on the lower levels of government;
the second phase (2015-2020 gg.) - further development of local
self-government.
At the first stage it is planned to solve the following problem.
Enhancing the role of the population in matters of local importance
through at meetings and gatherings of community villages (villages), settlements
and cities of regional importance.
For a discussion of local issues by direct expression may hold meetings
(gatherings) of the local community. This is one of the forms of direct sales
to the public the right to participate in local government.
Since the law does not prohibit the participation of foreigners and
stateless persons in the meetings (gatherings), this is exactly the form of
local government, which takes into account fully the interests of the
population living in the relevant territory, and not just part of it (citizens
of Kazakhstan). At the meeting (gathering), only local issues can be discussed
local community, ie, those matters which related to ensuring the rights and
legitimate interests of the majority of the residents of the respective
administrative-territorial unit. The law imposes the regulation of issues
related to the order of the meeting (gatherings) and decision-making at the
regional (city of republican significance and the capital) maslikhats. This
means that the very procedure for convening these meetings, the quorum of their
eligibility, the frequency and procedure for, and other issues will be
different in different regions.
It is proposed to legislate rules providing for:
definition of the powers of local authorities and their
responsibilities;
regulation of the procedure of formation, the powers and carrying out
meetings and gatherings and the processing of their decisions;
binding discussion meeting or a gathering of the financing activities of
local (mayors of the lower level of government do not have an independent
budget, but administrators are fifteen budget programs as part of the district
budget);
inclusion in the existing area development program (the city of regional
value) of sub-section, which will reflect the priority needs of the population,
received at meetings and gatherings of the local community at the level of aul
(village), aul (rural) district, village, city district level.
Gatherings of the local community will be carried out on the most
important issues that require public discussion (Akim report, determining the
composition of meetings of members, etc.).
Community meeting will be held to discuss current issues: the budget
programs, formation and use of own revenue sources and others.
Meeting members of the local community will be formed of representatives
delegated by the gathering, representing the interests of certain groups:
veterans, for Family and Women, Youth, elders, house, street and district
committees and others. community meetings representatives delegated for the
period defined by law, and conduct their activities on a permanent basis.
The decisions of akims of lower levels on local issues are agreed and
approved by the representatives of the assembly. In the absence of compromise
in resolving relevant issues, they will go to a higher authority competence. To
avoid performance akim of unlawful decisions and to exclude certain lobbying
groups and populations will contains a provision on the mandatory review of the
akim of making meetings and gatherings and informing the public about the
acceptance (or rejection) of a judgment based on the rule of law.
Given the characteristics of city-wide management in large cities, the
above measures are not proposed to extend to areas in the cities of Astana,
Almaty, Karaganda, Shym- Kent, who also belong to the lower level of management
[4; 41]. In addition, it should be noted that despite the proposed measures for
strengthening the role of public gatherings and meetings, they only discussed,
but did not address issues of local importance.
The current law on local public administration and self-government does
not make distinction between the functions of the state and local governments.
An indirect indication of this distinction can only be seen in paragraph 7 of
Art. 1. It defines the concept of "local issues" as "issues of
the region, district, city, district, city, rural district, town and village,
not members of the rural district, which the regulation in accordance with this
Law and other legislative acts of the Republic Kazakhstan is connected with
ensuring the rights and legitimate interests of the majority of the inhabitants
of the respective administrative-unit."
As the local governments charged with the address local issues
(paragraph 10) Art. 1), it is logical to equate the concepts of "local
issues" and "questions (function) of the local self-government"
[1].
If the Constitution establishes first, that the order of work
governments by citizens can be installed within the law, the new version of Art.
89 the degree of independence the population of a few limits. local government
organization and activity shall be determined by law. [1] Consequently, at the
legislative level, the state determines the formation and activities of the
local government system, including its shape, the order of creation and
activity of its bodies, sources of its economic basis, etc. This approach is
based on the unitary structure of Kazakhstan and is opposed to the possibility
of establishing local authorities, which differ not only in name but also in
the directions, forms, order of operations, additional revenue sources, methods
of interaction with the local public administration, etc. [5].
The autonomy of local authorities should be guaranteed by law, ie, you
must set specific economic, legal and organizational measures that would ensure
and protect their rights. Furthermore, it should ensure the independence of
local government in the formation of its executive structures.
Bodies of the state should encourage local authorities to exercise their
functions. Promoting partnership and can take many forms: financial support for
various projects, provision of soft loans from local budgets, organizational
(the provision of administrative offices), information and advice, etc.
These measures will strengthen the role of the population in solving
local issues, encourage participation, interest and responsibility of citizens
in decision-making, to strengthen the credibility of public authorities.
An important task is the creation and development mechanism of the
active involvement of the urban population in the management decision-making
process.
For Maslikhats cities will be secured the right to create public
structures to interact with the population of the city akim, the funding of
which is proposed to take place at the expense of the local budget by the state
order.
By public bodies will contribute to the city akim to ensure the
protection of public order and public safety in the manner specified by law, as
well as contribute to the proper functioning of housing and communal services,
the improvement of sanitary conditions in the settlements. social and civic
activity and interest of the local population will be increased to improve the
living conditions in the territory of residence and in general socio-economic
development of the village [6; 38]. In other words, in urban areas are not
expected to create any other local government bodies, in addition to the
existing representative and executive bodies which are carrying out, along with
the state administration, local self-government functions. It involves the
creation of public bodies will not allow them to pass an independent decision
of any local issues. They can only contribute to governors in their activity.
One of the problems to be solved in the first step is to introduce the
election of governors in the cities of regional value, settlements aul
districts, villages (villages) are not included in the aul district maslikhats
districts (cities).
Adding to the corresponding maslikhat candidate mayors aul (village),
village, aul district, the district values the city will be
Governor of the county (city) on an alternative basis. Dismissal of the akims
of the lower levels should be carried out only by the decision of akim (city).
With the introduction of elective akims will combine the functions of
both the executive and representative body, without the formation of a separate
representative body of local self-government in the village and the city
district level. In this case it is advisable to retain the current procedure
for the appointment of akims of oblasts, Astana and Almaty cities, districts
are currently being implemented in a democratic regime, ie, with the prior
consent of the deputies representing the corresponding maslikhat [7].
Another challenge is to expand the financial autonomy of the lower
levels of management.
The concept envisages that the governors of the lower levels:
- Be granted the right to form their own revenue sources (revenue from
paid services, voluntary and landing fees, contributions from philanthropic
foundations and sponsors, fees for trading in specially designated locations,
the penalties for violation of accomplishment rules, damage to infrastructure
and green spaces, trade in unidentified places and other sources not
contradicting the legislation);
- It is granted the right to open a special account in the Treasury
bodies, which will be recognized income and expense, aimed at implementing the
functions of local government;
- Part of the district municipal property (clubs, libraries,
kindergartens, etc.) Will be transferred for the purpose of using it
effectively, meet the demands and needs of the local population and generate
additional revenue.
During the process of formation and use of its own revenue sources, as
well as communal property is proposed to carry out the state financial and
public control.
It is assumed that the main sources of funds received will be income
from fees, charges, penalties and voluntary contributions from individuals and
legal entities. All this is clear, but whether these will be sufficient
resources to solve local problems, will not be whether the so-called
"voluntary" contributions to the voluntary-forced? ..
In order to provide full capacity to address issues of local importance
will be gradually expanded the powers of akims of the lower management level by
optimizing the sales and licensing functions of the executive bodies of the
regional and district levels [8].
At present, work on the delimitation of powers between levels of
government in terms of optimization of public administration being carried out
by the state redistribution of power vertical:. "Republic (center) -
region - an area - urban and rural areas".
The result should be to develop an effective scheme of interaction
between the central state and local executive bodies in the execution of
policy, control, supervision and realizable functions. Its priority will be to
provide efficient public administration and self-government at the city level,
the district values the city, town, village (village), aul
(rural) district, especially its institutional and functional strengthening.
The next area is the organization and carrying out activities to raise
legal awareness of the public about the rights and opportunities in the
implementation of self-government.
Among the proposed measures:
- Training, retraining and skills development for local governments;
- Organizational and methodological support of activity of local
self-government, including advising officials and employees of the government,
the organization of conferences and seminars on topical issues of local
government, practical experience exchange, etc. [9].
- Informational support of local self - promotion of ideas, principles
and objectives of the local government to the public, information on the
progress of reforms and challenges, the role of the public to establish a
system of public control over local authorities' activities, conducting
sociological research, including surveys.
The second phase (2015-2020 gg.) Will focus on the further development
of local self-government, based on the creation of management and financing
mechanisms.
In particular, after 2014 will focus on further delineation of functions
of the local administration and local government (with the transfer of
functions), the budget and property of self-government, as well as the
optimization of administrative-level units in the rural districts (in order to
increase the potential for the formation of a full-fledged local government ).
In this regard, the program "Regional Development", approved by the
Government of the Republic of Kazakhstan July 26, 2011, also provides for the
involvement of the population to develop proposals on the definition of
projects (actions), aimed at the development of rural settlements and improving
the livelihood of the rural population. It should be noted that the financial
support will be provided only to those auls (villages) that have economic
development potential and positive demographic trends (according to the
criteria for the determination of rural communities with low and high economic
potential, approved by joint order of the Ministries of Agriculture and
Economic Development and trade).
According to the fourth priority of the Program "Regional Development"
will provide financial support to local governance. As part of this priority
implementation projects (measures) will be carried out only in the villages
(villages) and towns with high and medium economic potential by attracting
people to the development of proposals for the definition of projects
(measures) to be implemented in the framework of financial support of local
government [10; 14].
Akims of aul (village), township ensure organization meetings
(gatherings) of the local community, which will discuss the proposal and take a
decision on the selection of projects (measures) on the basis of priority and
urgency ( "bottom-up" principle of selection of activities
(projects)).
Financial support for local self-government will be implemented in the
following areas:
in 2012. Public Utilities: the lighting and landscaping of streets,
maintaining the fund houses and garbage disposal, liquidation of unauthorized
dumps, demolition of derelict sites, construction of solid waste landfills and
cattle cemetery, repair of heating systems, installation of yard playgrounds;
in 2013-2014 .:
overhaul and repair of objects of education, health, culture, sports,
water, gas;
engineering: the lighting and landscaping of streets, maintaining the
fund houses and garbage disposal, liquidation of unauthorized dumps, demolition
of derelict sites, construction of solid waste landfills and cattle cemetery,
repair of heating systems, installation of yard playgrounds;
transport communications: major, medium and current repairs of local
roads and bridges, the installation of traffic lights;
agriculture, cleaning of water, recovery of orphan hydraulic structures;
Other: the telephone, the Internet.
In the Message of the President of the Republic of Kazakhstan to the
people "Strategy" Kazakhstan - 2050 "focuses on the development
of local government. The Head of State noted the necessity of direct
involvement of society and citizens in the public decision-making process and
implementation of the population through local authorities real opportunities
independently and responsibly to solve local issues, enhance public control
over the work of local authorities, citizens' influence on the situation on the
ground [ eleven].
The development of civil society is an important prerequisite for the
creation of a democratic, secular, legal and social state. The public process
of democratic development, economic recovery is possible with the active participation
of citizens in all important spheres of society.
One of the most important problems of modern local government in the
Republic of Kazakhstan - formation of its financial base, legislative
consolidation and provision of financial guarantees autonomy of local
governments.
Without a stable and sufficient financing sources local government is
inefficient, unsustainable. You can give the local government and a variety of
broad powers, but without summarizing them under the appropriate material and financial
base they will remain unfulfilled.
While there is no clear separation of the sources of the revenue part of
the budgets of all levels, the division of budgetary powers as the law does not
define the principles of formation and use of financial resources, the
relationship of local government with business entities and financial and
credit institutions, while the local authority will depend on the pieces of the
distribution of the total "budget pie ", the local government will
not be able to realize its enormous potential. However, the overall prospects
for the development of local government in the Republic of Kazakhstan can be
estimated positively.
Bibliography
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