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пятница, 26 июня 2015 г.

Unconstitutional reforms gaining momentum

 Stavropol begins next municipal reform

 Next week Parliament can take Stavropol new amendments to the law on local self-government. At the same time at the level of municipalities and cities introduced new managerial scheme. Chapter will elect a special competition commission, whose decision finally claims deputies.

Mnogogolovy municipality

In Stavropol, on the basis of the regional branch of "United Russia" held a round table on which discussed the prospects of municipal reform. Prior to this year, the federal law №131-FZ "On general principles of local self-government" has four schemes of local government - that is, the combination of election and appointment, as well as unity of command or "two-headed" (head of the municipality and the head of his administration).
With regard to Stavropol, in October last year County Council to repeal the law "On some issues of organization of local self-government", taking instead the other. Of the four schemes of the organization proposed by Moscow, two were rejected immediately. In addition, the County Council has selected the municipalities the right to determine the principles of the organization of its management: from now on they are normalized boundary "framework" law.

So, as municipalities and cities (or rather, towns and counties), there is "frame" this. Where were the direct election of heads, they are canceled. Henceforth, the Heads will nominate one of its members the deputies themselves, and to conclude a contract with the head of the municipal administration. Simply put, saved, and even fixed "two-headed".

Another pair of shoes in rural areas - there will be elected the head, but not directly, but as a deputy of a representative body, if other MPs elected him as its Chairman. And if the charter of the municipality states that the head of the local administration heads and then such a rule is saved.

Also new regional law passed in October, was unified term of office of the representative bodies and heads of municipalities - five years. Provision and requirements for candidates for the post of head of administration: the experience of public service at the highest or the main office at least six years of age (or experience in leadership positions for at least seven years). The competition jury, which selects the head of administration, half of the members appointed by the local Council, and the other half - the governor personally (or the head of the district administration, when it comes to the settlement level).

Three of the bill wrote a blueprint

Earlier this year, the State Duma passed another series of amendments to the 131-th federal law. In addition to the four patterns that existed previously, two were introduced. One of them - this is when the head of the municipality is elected by a specially convened competition commission (and then approved by the Assembly of Deputies). The order of the competition and the total number of members of the competition committee established by the representative body.

Now is such a scheme and want to extend to the whole territory of the Stavropol Territory. And to the county council introduced three bills at once. They are written (even including explanatory notes) like a blueprint. It differs only in scope. Chapter Svetlograd Vyacheslav Lagunov suggests that "competitive elections" were adopted only in urban areas; Head of Zheleznovodsk Vera Melnikov - that in urban districts, but the head of Andrei Churikov Izobilnensky area - just in urban areas and in urban districts and municipal areas.

Hotly defended the proposal at a meeting of the roundtable head Lyudmila Elfinova Kochubeevsky area, it also deputy chairman of the Association of municipalities of the Stavropol Territory. She assured that the support is "maximalist" version of the law - that the new scheme works in the cities and in the regions. According Elfinovoy draft for discussion will be sent to all 330 municipalities of Stavropol, entering the association.

Advantages of the new initiative, says Elfinova obvious. The first will be saved budget funds on elections (although the election of heads of the Stavropol region there since last year, when the changes were made to the regional law).

Second, you can tighten and formalize requirements for candidates for the post of head of the municipality. It considers Elfinova become "grafting" from causing such cases, when the population elects himself head of the caretaker or a locksmith.

Thirdly, in the municipality will no longer be "two-headed", only confuse the population: the elected head of the competition will be engaged in administrative work, and the head of the representative body - only the organization of the deputies.

Democracy or secondary?

The bill, of course, very technical. Driving election of the head (especially at the level of the municipal district) population of little concern. This was said Associate Professor Elvira SKFO Majboroda: in its view, when the villagers elect their heads of guards or mechanics - a measure of the level of protest activity, the fatigue of the population from typical politicians and authorities in general disbelief.

Radically expert opinions diverged on how improve the manageability of new chapters by the regional authorities. Presenting the bill, the first vice-speaker of the county council Dmitry Sudavtsov half a dozen times referred to "strengthening the vertical of power." It jarred from a lawyer Victor SKFU Maiboroda, who had to remind the Deputy Speaker that, under the Constitution, state power is separated from the local government. Moreover, even the two levels of local government (district and settlement) are not subordinated to each other. But it is in the law books on jurisprudence and write ... Actually, everything is as it says Sudavtsov - because he is the one who determines the policy in the region.

Because in casuistic excuses drowned municipal and other sensible proposals that sounded invited experts. Daniel Arakelyan, carefully study the new bill, criticized him in the dust. The main claim is not spelled out strict requirements for candidates for the presidency. According to Arakelyan, if such "framework" contained in the regional law, this would deprive the municipalities the possibility to prescribe criteria for themselves. More precisely, under the specific candidates. And such examples are: for example, urgently trying to change the statutes, appending or "residency requirement" for the next chapter, or, for example, the age limit.

The second conceptual proposal Arakelyan - fix in the law mechanisms of public control over the work of tender committees. For example, to be sure in their composition was the umpteenth percentage of the public. It should also be anchored to the requirements of information transparency of the commissions: unhindered access of journalists, bloggers and ordinary citizens to each meeting, their online broadcast on the Internet ...

Summing up the discussion, the head of the expert member of the club and the General Council of "United Russia" Dmitry Shuvaev assured that all the raised proposals will drive together. The main thing - that did not sound any specific argument about the undemocratic nature of the new system of "competitive elections", although it seems that the developers of the bill were such fears.

According Shuvaeva he communicated with municipalities (namely with practitioners rather than theorists), and almost all were in favor of the adoption of the new scheme, as its advantages are obvious. It remains only to smooth things over ... By the way, consider the new bill in the Duma of Stavropol will be meeting in the coming Thursday.

Anton Chablin

Source: kavpolit.com 

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