Local communities in cities as a subject of control over solving local issues
https://doi.org/10.24147/2542-1514.2019.3(1).100-107
Abstract
The subject. This article is devoted to exploring the possibilities of formalizing the institution of local communities of citizens in urban areas, with the goal to more extensively involve local population in solving local issues, including controlling the organization of relevant processes.
The purpose of the article to refute or confirm the hypothesis that local communities may exercise local control functions effectively to improve the quality of local services and reduce the number of local government officials.
The methodology of the study includes methods of theoretical analysis, as well as legal methods, including the formal legal method.
The main results and scope of their application. The activities of subjects of municipal ad‐ ministration – bodies and officials of local government, aiming at improvement of control over the solution of local issues are subject to difficulties, and institutional and organizational measures to develop the mechanism of municipal management in this case are not sufficient. The territorial reorganization of the city administration is also not justified ‐ the creation of intracity municipalities, as well as the formation of territorial subdivisions of the citywide administration is often costly and inefficient. At the same time, the population, being both a beneficiary of the solution of local issues, and, theoretically, the main subject of self‐government and a source of legitimation of municipal authority in cities, is excluded from the mechanism of control over the organization of relevant processes.
The creation of local communities, in turn, could be an alternative to the proliferation of the apparatus of municipal bureaucracy in cities, providing legal guarantees for the implementation of citizens’ right to self‐government directly in territories of their residence. At the same time, local communities, unlike the territorial public self‐government, should be included into the general municipal management mechanism, which would ensure their financing at the expense of local administration. However, in contrast with the territorial bodies of city administrations, the functioning of local communities’ bodies should presup‐ pose mainly volunteer beginnings in their activities, whereas financial and material support should only assist in realization of their competence.
Conclusions. The expansion of existing forms of control over the solution of local issues by local communities would contribute to improving the efficiency and quality of municipal services, the livelihood of the local population in urban areas.Keywords
About the Author
Alexander A. LarichevRussian Federation
PhD in Law, Associate Professor, Head, Department of State Law. RSCI SPIN‐code: 5047‐7453; AuthorID: 507509.
References
1. Tereshchenko L.K. State and Municipal Services: Law Enforcement Issues. Zhurnal rossiiskogo prava = Journal of Russian Law, 2018, no. 10, pp. 101–110. DOI: 10.12737/art_2018_10_10. (In Russ.).
2. Bulgakova K.R. On the subjects of municipal services rendering in the French Republic and the Russian Federation. Administrativnoe i munitsipal'noe pravo = Administrative and municipal law, 2016, no. 7, pp. 562–570. DOI: 10.7256/1999‐2807.2016.7.18031. (In Russ.).
3. Shaidurov S.A. Outsourcing in the field of public and municipal services, Cand. Diss. Thesis. Moscow, 2017. 29 p. (In Russ.).
4. Byshkov P.A. Control powers of the representative body of local self‐government. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self‐ government, 2018, no. 9, pp. 24–27. DOI: 10.18572/1813‐ 1247‐2018‐9‐24‐27. (In Russ.).
5. Kozlova L.S., Sadovskaya T.D., Tchaplinskiy A.V. Legal basis of the municipal control organization in the Russian Federation. Vestnik Tyumenskogo gosudarstvennogo universiteta. Sotsial'no‐ekonomicheskie i pravovye issledovaniya = Tyumen State University Herald. Social, Economic, and Law Research, 2011, no. 3, pp. 123–127. (In Russ.).
6. Doronina O.N. Local self‐government in the system of ensuring and protecting human and civil rights and freedoms in the Russian Federation. Munitsipal'naya sluzhba: pravovye voprosy = Municipal Service: legal issues, 2011, no. 1, pp. 17–22. (In Russ.).
7. Larichev A.A. Reforming local government in the Russian Federation: feasibility of the planned changes and consideration of the foreign experience (by the example of Canada). Aktual'nye problemy rossiiskogo prava = Actual Problems of Russian Law, 2014, no. 8 (45), pp. 1603–1608. (In Russ.).
8. Bazhenova O.I. Modern Problems of Municipal Power Organization in City Districts: Condition and Prospects. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2016, no. 7, pp. 54–66. (In Russ.).
9. Tabolin V.V. Pravovaya teoriya sovremennogo rossijskogo goroda, Monograph. Moscow, Yurist Publ., 2012. 390 p. (In Russ.).
10. Kostyukov A.N. Main Trends of Excludes of the Population from the Exercise of local self‐government. Pravovaya politika i pravovaya zhizn', 2017, no. 4, pp. 29–37. (In Russ.).
11. Revyakin S.A. On the Effectiveness of Electronic Platforms of Citizen Participation in Public Administration. Voprosy gosudarstvennogo i munitsipal'nogo upravleniya = Public Administration Issues, 2018, no. 2, pp. 94–113. (In Russ.).
12. Larichev A.A. An address to local self‐government bodies as a citizen involvement instrument and a means of public control on the local level. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self‐government, 2018, no. 5, pp. 35–39. DOI: 10.18572/1813‐1247‐2018‐5‐35‐39. (In Russ.).
13. Shugrina E.S., Ivanova K.A. About the state of territorial public self‐government in the Russian Federation, to the 30th anniversary of the first Russian territorial public self‐governments, Special Report. Moscow, Prospekt Publ., 2018. 160 p. (In Russ.).
14. Larichev A.A., Batalin A.V. (eds.). Territorial public self‐government as a basis for the development of territories. Petrozavodsk, Karelian scientific center of the Russian Academy of Sciences Publ., 2017. 186 p. (In Russ.).
15. Larichev A.A. Legal regulation and organization of local self‐government: Canadian experience and its applicability in Russian conditions, Monograph. Moscow, Prospekt Publ., 2017. 336 p. (In Russ.).
Review
For citations:
Larichev A.A. Local communities in cities as a subject of control over solving local issues. Law Enforcement Review. 2019;3(1):100-107. https://doi.org/10.24147/2542-1514.2019.3(1).100-107