When democracy comes to society, it brings with it certain innovations, rules, norms and principles. They change the life of the population, making it more active and interesting. It is good for every citizen to know what a public hearing is. This is an instrument of human influence on the state. It should be used when you understand how to do it right. You know? Not? Let's figure it out.
Definition
The concept of “public hearing” was legislatively formalized in October 2003 (in the Russian Federation). It relates to the field of local government. It was meant that the population of the municipality should take part in the discussion of government decisions. In principle, citizens had a desire, but there was no mechanism to take into account their initiatives. It was enshrined in law, highlighting the scope of the policy for application.
Thus, public hearings are a form of expression of will of civil society. She is not the only one. There are other forms of feedback formation of the leadership of municipalities and the population. The peculiarity of the concept of “public hearing” is that when they are held, people get the opportunity to influence the adoption of power decisions, to participate in their formation. At the same time, the opinion of the main population groups is taken into account, a consensus is sought, and interests of different layers are taken into account.
What issues should be considered publicly?
An important feature of the legislative consolidation of the mechanism under consideration is that it forces the authorities to consult with citizens on topics that directly affect their lives. To make a decision without taking into account the opinion of the population is becoming not only impossible, but problematic. Moreover, it is necessary to inform people as widely as possible about holding public hearings. This norm is enshrined in law. The following issues are brought up for discussion:
- the rules of life in the municipality (charter) and all changes in them;
- budget (income and expenses);
- projects of development programs in which it is planned to invest;
- all innovations related to transformations in this region.
This list is incomplete. Legislatively secured the possibility of citizens or the head of the municipality initiating consideration of other problems in public hearings. By the way, often people ask a completely understandable question: how do they organize this process, what doors to knock on? First of all, you should study the charter of the municipality. According to the law, all the nuances of carrying out this work should be introduced into it. That is, to understand which side to approach power in the region, you need to read the charter. After this, it is recommended that you carefully read the current legislation. Then it will become clear how to use the described form of interaction between the authorities and society for the good.
A bit about local government
To understand why public hearings on the project are held, one should have an idea of the form of organization of municipal life. Local government governs everything, elected, according to the basic law, by a plebiscite. Citizens exercise their rights to participate in governance when they cast their vote for political forces. But on this their participation in municipal life is not limited.
The mechanism of interaction of power structures with the people includes citizens' initiatives, their self-realization, organization of public discussions of important decisions and control over their implementation. These forms correspond to the norms of the democratic structure of society. The authorities together with the population should strive to implement them. Of course, this is the perfect model. In practice, everything is much more complicated. For example, the organizers of public hearings encounter problems already at the stage of attracting people to their events. But first things first.
On the organization of this form of work
Consider the legal principles of the institution of public hearing. Among their foundations are legislatively fixed as follows:
- the subject of the hearing is, in fact, the draft municipal acts, the themes of which are enshrined in law and are given above;
- the subjects of initiation of this form of work are the population and the representative body of the region;
- the preparation and conduct procedure enshrined in the charter.
The specified legal act establishes the openness of discussions. Also there should be given step-by-step instructions for their implementation. Everything is described clearly and accessible, so that citizens can understand the essence of their rights and obligations, so that there are no discrepancies. The interaction of the authorities with society should have a simple and strict order. To this end, public hearings are held to convey to the population the essence of the development of the region. So that people understand why priority is given to certain projects, express their own opinion, uphold their views and positions.
Classification of the Institute of Public Hearing
This type of work can be considered from the point of view of its functionality, obligatory implementation, initiators, goal-setting and so on. There are discussions that touch on things that are important to everyone. Some concern only often the population. For example, take a classification by function. Public hearings may take the form of:
- community participation in solving local management issues;
- finding opinions;
- involvement in solving state problems;
- exercise of the right to information.
If we consider such activities from the point of view of the obligatory nature of the conduct, we will see which questions cannot be resolved without the public. They are specified in law. So, public hearings on the draft budget must be held. They are attracted to the general population.
Schedule a public hearing
Let's move on to bureaucratic procedures. When it becomes necessary to carry out this event, a special order should be issued by the head of the municipality. It indicates:
- theme;
- exact date of carrying out;
- members of the organizing committee, which includes representatives of both the authorities and the public.
Citizens should know that the municipality (representative body) considers their initiative at the next session. It may be rejected. Legislatively stipulated that if the document formulating the initiative was signed by more than five hundred citizens, then hearings are scheduled without fail. Of course, this does not apply to all issues. For example, public hearings on the budget are mandatory. This event, in accordance with applicable law, cannot be canceled.
Discussion preparation procedure
The organizing committee is engaged in all preliminary work. It is formed within three days from the moment the initiative is taken (decision is made). The organizing committee meets, selects a chairman, and develops an action plan. After analyzing the topic of the hearings, this body suggests that the head of the municipality appoint a structural unit of the executive branch in charge of the event. In addition, the circle of persons involved in organizing the preparation of the agenda and its issues is determined.
It is necessary to understand here that any topic should be provided with expert assessments, and public opinion should be taken into account when considering it. That is, the hearings are prepared by a wide range of specialists, which are led by the organizing committee. Information on holding public hearings forty days before the date of the event is made public. This obligation is assigned by law to the organizing committee. All the nuances of maintaining order, inviting people and specialists, selecting premises, and so on, also fall on the shoulders of its members. Their responsibilities also include maintaining documentation on the registration of experts and their opinions, preparing the final document.
Public Hearing Procedure
We approached the organization of the public hearing event itself. Before it begins, all participants are registered. The facilitator is required to announce the topic of discussion. Further, by the general vote, the rules of the event are determined. Only after that the word is given to experts in the order of submitting proposals to the final document. At the end of each speech, the facilitator must give the opportunity to the participants to ask the next speaker questions. In addition, it is his responsibility to inquire whether the expert has changed his mind. After all the speeches, the final document is adjusted based on the results of the debate. The host informs those present that they have the opportunity to make additional offers within seven days.
Publication of the final document
The organizing committee is also involved in this work. For another seven days, additional proposals are accepted, which are drawn up separately from the final document. The latter, after the expiration of this period, is published in the local media, on official Internet resources. All materials of the public hearings are transferred to the head of the municipality for further work. The authorities are obliged to take into account the decision of the public when making decisions on the issue discussed.
