The concept of a right to local governance

E. Shugrina

Public administration issues, 2008, issue 2, 131-146

Abstract: The article says though human rights and freedoms, specified in article 2 of the Constitution of the Russian Federation do not encompass a citizens right to local governance, this right is constitutional by implication of part 2 of article 3, part 2 article 32, articles 130-133 of the Constitution of the Russian Federation. Opinions are mixed regarding definition of a right to local government and a right to local governance in academic writings. Basing on the analysis of the works of such prominent academics as N.S. Bondar, V.I. Vasilev, D.G. Zharomskikh, A.E. Eremin, V.A. Maksimov, A.A. Sergeev, the author concludes that the notions of a right to local government and a right to local governance should be distinguished between. A right to local governance is a combination of individual and collective rights; it does not imply establishment or abolishment of local government per se. Collective rights include the following ones: a citizens right to self-organization and to render status of municipal units to urban and rural settlements, and other areas; a citizens right to exercise authority through local government bodies independently; a right to determine the structure of local authorities independently; a right to hold a referendum as a form of direct local governance; a right to hold municipal elections, including deputy lections, elections of other elective bodies members and elective officials within local authorities; a right to rule-making; a citizens right to decision-aking at the local level; a right to possess, use and manage municipal property independently; a right to financial autonomy, to draw up and approve local budget; a right to introduce local taxes and revenues; a right to maintain protection of public order independently; a right to determine and change boundaries of a municipal unit; a right to elaborate and adopt a standing rule of a municipal unit; a right to joint appeal to local authorities and local officials; a right to judicial or other defense of local government. Individual rights imply: a right to elect and to be elected to local authorities; a citizens right to encourage and participate in local referendums; an individual right to apply to local authorities and local officials; a citizens right to equal access to municipal service; a right to receive precise and accurate information on local government and officials performance. A right to local governance may be exercised directly as well as through local authorities. The boundaries of a municipal unit mark territorial boarders within which a right to local governance may be enforced. If local government power, serving as a basis of a constitutional system, is not possible to be limited, a right to local governance might be restricted in accordance with part 3 of article 55 of the Constitution of the Russian Federation.

Date: 2008
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