Local government is a process that is extremely significant in terms of building an effective state. It is important that the rights of citizens guaranteed by laws in the aspect of autonomous political self-organization de jure find conformity in real processes at the level of formation of local de facto authorities. What models of functioning of municipal political institutions exist in the world? What are the specifics local government systems in the Russian Federation?
The essence of local government
According to the point of view widespread in the scientific community, local government should be understood as the organization of power within the framework of local administrative and political entities. Depending on the legal tradition adopted in a particular state, they can be called and classified in different ways. For example, in the Russian Federation these are cities, districts and settlements. The general principles of the organization of local self-government are to provide local administrative entities in question with opportunities to build an effective strategy for socio-economic and political development, taking into account local characteristics.
It is supposed, therefore, that the capital of the state will cope with such tasks in most cases less effectively than local authorities will do. And therefore, the political center of the country (or the federal entity that is part of it) delegates part of the authority to the level of local government. It can be noted that in Russia and many other countries of the world, local administrative-political units that have the right to organize self-government are called municipalities.
In some cases, the basic principles of organizing a local government system involve the separation of relevant political institutions operating in local territories from state power. This approach, in particular, is enshrined in the Constitution of the Russian Federation. Thus, the state and municipal power systems in Russia formally operate independently.
Legal basis of local government
Based on the specifics of the legal regime in force in a particular state, the principles of organization of local self-government may vary. Thus, it matters what regulatory legal acts govern the processes by which municipalities exercise the right to organize local self-government. In the Russian legal system, the key sources of law are the Constitution, federal laws and regulations of the appropriate level, as well as sources published at the level of constituent entities of the Russian Federation and municipalities.
Among the most important sources at the national level is the Federal Law “On General Principles of the Organization of Local Self-Government”. This legal act is largely correlated with a significant international source - the European Charter of Self-Government, ratified by the Russian authorities in 1998.
In particular, the relevant international regulatory act defines the general principles of the organization of local self-government, and also fixes guarantees for the protection of the legal sovereignty of municipal territories. Also, this document assumes that the necessary administrative structures will be created at the local political level, which may have certain agreements on the division of powers with the federal or regional center.
Local government and the Constitution of Russia
Let us consider how the principles of the organization of local self-government are enshrined in the basic law of the Russian state. The Constitution of the Russian Federation includes a separate chapter, which contains provisions governing the processes of formation of municipal authorities. Lawyers call key the following provisions that reflect the principles of local government.
Firstly, this is the independence of the organization of governance of municipalities noted by us above the limits guaranteed by law, which is also expressed in the fact that local authorities are not included in the system of state political institutions.
Secondly, the key principles of the organization of activities municipal authorities the authorities in the Russian Federation assume that the population of cities, regions and settlements has the right to make decisions regarding the disposal of local property.
Thirdly, citizens themselves are called upon to take a direct part in local self-government, participating in referenda, elections, and other forms of expression of law stipulated by law. Also, the population independently determines the structure of municipal authority.
Fourthly, when changing the boundaries of administrative-political territories that exercise local self-government, the opinion of citizens living in the relevant areas should be taken into account.
The Russian model of local self-government: theory and practice
Thus, the Constitution of the Russian Federation, as well as the Federal Law “On the General Principles of the Organization of Local Self-Government,” suggest that local administrative-political units in the Russian Federation are formally independent from the center. However, many experts believe that the de facto autonomy of municipalities is not at all so obvious. This is mainly explained by the fact that in the Russian Federation an effective system of public or judicial control over the activities of representative or executive structures at the level of local administrative and political units.
That is, if, relatively speaking, the political center delegates too much de facto authority to the level of municipalities, then there will be a chance of building up power structures that are not interested in the quality of political self-organization.
However, as soon as Russian society reaches the required level of political maturity and will be able to use all the opportunities for organizing autonomous governance within the municipalities, analysts believe that all the mechanisms that are now functioning de jure will be very useful.
Local Government Organization: International Experience
Consider what may be the principles of the organization of power within the framework of local territories in foreign countries. The tradition of local government is accepted in most modern states. This, in particular, implies the creation of a solid legal framework for the organization of relevant political institutions.
It can be noted that the principles of organizing a system of local self-government in Western countries are organized within three basic models - English, French, as well as mixed, combining the features of the first two.
The first model, respectively, is practiced in the USA, Great Britain, and other countries of the Commonwealth - for example, in Canada. The specificity of this model is that local authorities in the general case are not accountable to any higher political structures. That is, they were given quite tangible powers to implement an independent policy of local governance. In turn, if there is a question of verifying the effectiveness of the activities of local structures, then the court or the highest executive power structures at the center level are usually engaged in this.
The French model, also called the continental model, involves significant government intervention in the work of municipalities. In this way, local governments become accountable to the political center.
As some lawyers note, in the framework of the organization of self-government according to the French scheme, the population often has more opportunities to influence management processes - due to the absence in some cases representative bodies authorities, which in the English model, as a rule, are in municipalities. But a third version of the organization of local self-government is possible, combining the features of each of those considered by us.
Concepts Without Borders
At the same time, one can note the fact that in practice the principles of organization of local self-government in the considered models do not differ as significantly as it can be seen in the logic of building relationships between local political units and the center. The population of the respective territories, one way or another, has the basic necessary resources for organizing effective self-government. The models in question satisfy certain criteria that are considered important indicators of the maturity of the political system of the state. Consider them.
Criteria for the effectiveness of the local government model
As we have already noted above, the general principles of organizing a local government system in a given state presuppose that the center delegates certain powers to the local level in order to more effectively address pressing socio-economic and political problems. At the same time, generally accepted mechanisms for measuring this efficiency have not yet been developed. Some researchers prefer to study, for example, public opinion through sociological issues, while others prefer to analyze socio-economic indicators.
There is, in particular, a model in which special attention is paid to the political and legal analysis of the status of local authorities. First of all, the corresponding study is aimed at identifying the real independence of local political institutions from the center. It happens that in a particular state with little experience in building democratic institutions, for example, the English or continental model can be introduced, however, the principles of organization of the local government system that are characteristic for it will be declared more than act in reality.
Civic initiatives are welcome
Another criterion is the degree of involvement in self-government of citizens living in the framework of a particular administrative unit. Of course, much depends on the level of political culture of the population, certain traditions in terms of people's participation in the management of their city or region. It is assumed that the general principles of the organization of local self-government are familiar to citizens, and they are ready to fulfill their role. However, without an appropriate regulatory framework, analysts believe, it will be difficult for people, no matter how active they are in terms of their willingness to manage their territory, to organize effective local government institutions.
Of course, in addition to the guaranteed by law opportunities for citizens to participate in local self-government, other incentives must exist - for example, elements of fostering a culture of self-organization in schools, at the media level, as part of public events.
Local government and finance
The system of principles for organizing local self-government in any country implies a significant role of the financial component of the process of local political self-organization of citizens. People should be able not only to effectively manage their territory, but also to develop the economy and ensure the proper level of well-being of residents in their city or region.Therefore, municipalities must have financial resources.
If we talk about the Russian model of the organization of local self-government, each local administrative and political structure in the Russian Federation has its own budget, as well as the right to use it independently. It can be noted that the Budget Code of the Russian Federation provides for the return to the level of municipalities of a significant part of federal and regional tax fees in the framework of statutory standards. That is, what enterprises earn in a particular city does not go completely to the federal center, as is sometimes voiced in the media and various online discussions.
At the same time, the specifics of the national Russian system of budget relations presupposes a sufficiently pronounced vertical integration of local, regional and federal financial institutions. Actually, even at the legislative level, the unity of the budget system is recognized in the Russian Federation. And this is some specificity of the economic aspect of the activities of municipal authorities. As we noted above, the Constitution of the Russian Federation (as well as the law on the general principles of organizing local self-government in the Russian Federation) says a lot about the formal autonomy of local political institutions. In turn, the sources of financial law de jure spelled out quite pronounced, as many lawyers believe, the centralization of the budget system.
Many experts, however, consider this model to be quite acceptable, given the fact that the level of development of economic systems in different Russian regions and municipalities within the same federal subject can vary greatly. That is, centralization is primarily needed for the purpose of subsequent equitable distribution of budgetary funds through the provision of subsidies, subsidies or subventions. Tax refunds in the framework of the standards reflected in the RF Budget Code may not be enough.
In turn, there are budget models in the world that are characterized by great autonomy from the center. In particular, this is the way the financial systems of the states in the USA are arranged. Each state largely provides for itself. But, as many experts note, this tradition has a more historical basis: the fact is that the USA is a state that was formed due to centripetal tendencies; it was originally formed by independent political entities with their own economy and political system. Of course, the difference in the development of different US states can be, as when comparing many regions of Russia with each other, significant - in terms of salaries, GDP and other economic indicators.
However, due to the established tradition of pronounced sovereignty regarding the center, the US states form fairly independent budgets. In turn, the independence of the state financial system from the federal center is also continued at the municipal level. A very significant role in the USA is, therefore, local taxes. At the same time, subsidies and subventions in the American budget system are not a rare occurrence. About 15-20% of the revenues of some states and municipalities can be formed from the financial resources of higher levels of political governance.
The relationship of political structure and budget
Thus, we can note that the principles of the process of organizing budget systems in municipalities can be somewhat similar to how the political powers of the respective political units relate to the center. With a pronounced integration of various levels of government, as, for example, in Russia, the budget can also be “vertical”. In turn, in the American model, where states and municipalities are quite independent from the center, the basic principles of organizing the budget system can also imply autonomy.
