Municipal Systems of Foreign Countries: Legal Issues of Social Security

MOSCOW STATE INSTITUTE OF INTERNATIONAL RELATIONS (UNIVERSITY) MINISTRY OF FOREIGN AFFAIRS OF RUSSIA INTERNATIONAL INSTITUTE OF MANAGEMENT

Yury V. FENENKO

MUNICIPAL SYSTEMS OF FOREIGN COUNTRIES: LEGAL ISSUES OF SOCIAL SECURITY

2007

Recommended for publishing by the Department of Legal Support for Management Activity of Moscow State Institute of International Relations (University), the Ministry of Foreign Affairs of Russia

Reviewer: Vasily A. Prokoshin, PhD (Law), Professor, Honoured Lawyer of Russia

This book is devoted to the municipal systems of foreign countries, their role in providing social security. The book provides some information on administrative division of a country, the structure of local government, the work and formation of local powers, the issues on functions’ competence and realization, the system of local government financing that provide social stability and make people’s life secure. Specific attention in the book is paid to the characteristics of relationships between central and local authorities including the center’s control over municipal organs. One also can find normative, legislative and other documents illustrating the activity of local government. The book is mainly addressed to students studying “Constitutional (state) right of foreign countries”, “Constitutional Law of the Russian Federation” and “Municipal Law of the Russian Federation”, advanced students and teachers of Law Departments.

Yury Vyacheslavovich Fenenko

Y.V. Fenenko was born in 1964. Y.V. Fenenko is the Candidate (PhD equivalent) of Science (Law) and is an Associate Professor of the Department of Legal Support for Management Activity of Moscow State Institute of International Relations (University), the Min- istry of Foreign Affairs of Russia. Y.V. Fenenko is the author of a number of textbooks on Law, Sociology of Management, Mu- nicipal Law and Social Security.

Author’s Acknowledgements

I would like to express my appreciation to my colleagues and friends who answered my queries, provided me with material, checked my examples and assisted me in many ways with the writing of this book. The list of those who have helped in some way includes at least the following: Vasily A. Prokoshin, Deputy Head of the Department of Law of the Russian Academy of State Service by the President of the Russian Federation, PhD (Law), Professor; Mikhail A. Mironov, Chief of Presidential Directorate for Public Feedback, State Councilor of the 1-st Degree, PhD (Law). I must thank practically Sally Barrett, MA, Director of Intensive English Course, Seattle University, USA, Sean Thomas, a businessman, Seattle, USA, who (each) patiently read and helpfully commented on the earlier drafts of this book. And my special thanks to John V. Romano, M.A. (Oxford University), UK, for proof-reading and final editing of the book.

Published originally in 2004, Yuri V. Fenenko’s book “Municipal Systems of Foreign Countries: Legal Issues of Social Security” was widely praised for its contribution to Management, Law and Social Sciences.

“It is highly informative work that provides comparative analysis of various aspects of local self-government and social security in foreign countries,” – Sally Barrett, M.A., Director of Intensive English Course, Seattle University, USA (2007)

“It was interesting to read the book, especially the part concerning the issues of formation of the system of self-government in Russia in the course of formation of the Russian State,” – John V. Romano, M.A. (Oxford University), a businessman, UK (2007)

“The book is useful for the students of Law and Management and also is of interest to the students of other departments as it provides information on the municipal systems of foreign countries and shows their role in providing social security,” – Nadia Koppenberg, a student, Matanushka Susitna College, Alaska, US (2007)

CONTENTS Contents...... 6 Foreword...... 7 CHAPTER I. METHODOLOGICAL FOUNDATIONS OF LOCAL SELF-GOVERNMENT AND SOCIAL SECURITY IN FOREIGN COUNTRIES...... 25 § 1. The Idea of Legal Regulations of Local Self-Government and Social Security Management...... 25 § 2. Basic Characteristics of Administrative and Territorial Division...... 29 § 3. The Structure of Local Self-Government Organs...... 33 § 4. The Authorities of Bodies of Municipal Management and Social Security...... 36 § 5. Legal Relationships of Local Bodies with Central Authorities and Providing Social Security...... 40 CHAPTER II. INTERNATIONAL EXPERIENCE OF TERRITORIAL ORGANIZATION OF LOCAL GOVERNMENT AND SOCIAL SECURITY...... 49 The Republic of Albania...... Austrian Republic...... 59 The Kingdom of Belgium...... 60 The Republic of Bulgaria...... 70 The United Kingdom of Great Britain and Nothern Ireland...... 77 The Republic of Hungary...... 93 The Republic of Greece...... 100 The Kingdom of Denmark...... 111 The Irish Republic...... 120 The Republic of Iceland...... 130 The Kingdom of Spain...... 137 The Republic of Italy...... 148 Cyprus...... 159 The Grand Duchy of Luxembourg...... 166 The Kingdom of the Netherlands...... 172 The Kingdom of Norway...... 185 Polish Republic...... 192 The Portuguese Republic...... 209 The United States of America...... 222 Swiss Confederation...... 255 Chapter III. SOCIAL AND LEGAL EVOLUTION OF LOCAL GOVERNMENT AND SELF-GOVERNMENT OF RUSSIA...... 329 § 1. Zemsky Reform of Ivan IV...... 329 § 2. Local Government under Peter I...... 330 § 3. Local Government under Catherine II...... 332 § 4. Local Government under Alexander II...... 339 § 5. Local Government under Alexander III and Nicholas II...... 346 § 6. Local Authorities under the Provisional Government...... 368 § 7. From Self-Government to Soviets...... 376 § 8. Soviet Period...... 383 § 9. Post-Soviet Period...... 385 § 10. Local Self-Government in Contemporary Russia...... 386 § 11. Issues of Structure of Public Power and Social Security in the Subjects of Russian Federation...... 391 Forms of Organization of Local Authority ...... 399

BIBLIOGRAPHY...... 408

Foreword

Local government is an indispensable attribute of any contemporary democratic society. In foreign municipalities there are a great deal of various models and types of local government organization. The differences in the local government systems depend on many factors: political regime, concept of local power and administration prevailing in the country, state system and its administrative division, national traditions, etc. The formation of local government in Russia is realized under conditions of full-scale reforming of political and socio-economic life of the society and is significantly predetermined by the state’s interest in developing institutions of local government that are a connecting link between population and governmental structures. The key issue of local government is combining of local population efforts to solve local problems that finally ensure democracy, stability and integrity of the Russian State. The period from the constitutional establishment of local government in Russia is sufficient to judge the results. However, no one is satisfied with the results including researchers, practical persons, state and municipal employees as well as population. Thus, self-government organization in western countries is of great interest. Concerning the social security of life, health, welfare, human rights and freedoms are the main, direct goal. This is the essence of a social system for regulating peoples’ relationships, their life-support and socializing. Social safety is the condition of the society which presupposes providing the society with fundamental principles of social justice, providing the country’s citizens with the basic range of social benefits and high living standards. All this in aggregate is the basis of social stability. The critical level of social safety of the individual, family, and the majority of social groups and layers of Russian society at present urgently require reconsideration of the problems of social strategy of the development of Russia taking into account its potential, traditions, true peoples’ values, historical nature of the great multinational state. The author’s goal is to study local government systems in foreign countries and their experience in providing social security on municipal level. While characterizing the territorial organization of municipal government in foreign countries one should consider that very often in foreign and domestic publications dedicated to the issues of local power organization they use the terms “local self-government” and “local government” and mark out different number of levels in the system of local government and self-government. Besides, there is no distinct differentiation between the local self-government itself and local government. In addition, it is not so easy to do because both these terms reflect a complicated but common in its essence instrument for power performance in the provinces. Thus, certain authors believe that one should not oppose these terms and suggest considering them as a correlation of a part to the whole.1 Being a rather complicated and flexible instrument local government may include state local authorities as well as organs elected by the population, i.e. organs of local self-government. It is precisely in this capacity that local government forms a part of this State mechanism which is more specific and independent in comparison with its other elements. This is stipulated first of all and mainly by the specific character of such local government component as local self-government. Another approach defining the correlation between these two terms assumes certain opposition of local self-government and local government.2 Local government means administrative activities in a local territorial unit performed by the central power or authorities of a higher territorial level. As a rule, local government is performed by administrative organs appointed by superior powers. Local self- government is interpreted as the activity of the population itself of this local territorial unit, i.e. territorial body and its elected organs to solve local problems. All countries have one or another type of local government with a certain extent of self-government. But local self-government according to foreign sources cannot be considered separately but only as a part of the whole state system.3 As one of the tendencies of local power development (mainly on middle and upper territorial levels) one can single out the striving towards an organic, optimal combination of self-government (with its certain autonomy and independence) and state government at the local level making it possible to strengthen state bases in local government, provide realization and defense of national interests in the activity of local self-government organs and administration. The correlation of various forms of local government, combination of state government and local self-government while organizing local powers is defined by historical, geographical and demographic peculiarities of different countries, political regime and legal system. Thus, an important role of the central power representatives appointed by higher authorities to the local government (i.e. so called “direct state local government in the provinces” or “local state government”) is characteristic of many foreign countries.4 Besides, direct state local government in the provinces may function both mainly on the regional level (that is typical of many western countries based on French type of local government) and in all administrative and territorial units (that is typical of many developing countries). Thus, in Denmark on a regional level there are 14 county prefectures. A prefect is appointed by the state. The prefect heads the committee with four members of the county council elected via general elections. This committee controls municipalities. It has the right to disaffirm municipal organ decisions either on their own initiative or peoples’ request as well as at the municipal council’s minority request in case such decisions violate the law in form as well as content. The municipalities are obliged to send their financial accounts to the controlling unit in order to prove that their activity is implemented in compliance with current legislation.5 In France the State’s representatives in the department and region (replacing prefects and sub-prefects who had executive power in the department and administrative control over communities) are “commissioners of the Republic” and “commissioner’s deputies of the Republic” (the former titles were kept to denote the ranks in the prefect’s corps).6 The Republic’s commissioner controls the correct execution of authorities by department services. He is the second manager (after the chairperson of the general council) in the department. This person is “the state power holder” in the department. He is the government’s delegate and directly represents the Prime Minister and each of the ministers.7 Municipalities’ mayors (burgomasters) can represent the state in some countries. Thus, in Belgium a burgomaster is appointed by the King from within the members of the municipality council and is simultaneously the King’s representative and the main municipality’s magistrate.8 In the Netherlands the mayor, being the chairman of the municipal executive organ, is appointed by the King’s decree following the recommendation of the King’s commissioner in charge of this province’s affairs after consultations with the municipal council. He is vested with some state authorities. He is responsible for police and firefighting services. If he believes that any of the municipal body’s decisions violate the law or contradict common interests he has the right to abstain from implementation and must consequently inform the province’s executive organ that introduces this issue for the government’s approval.9 The system of local organs is built in accordance with administrative and territorial divisions that in unitary states are referred to the competence of central power and in federative states, as a rule, to the authority of the federation subjects. However, territorial units do not always have organs elected by the population. In some cases, for example in cantons and regions in France and in German districts in fact direct state governing is exercised. They have no representative organs formed there.10 The formation of special administrative units to perform certain state functions is stipulated by Article 285 of the Constitution of Columbia.11 Organs of local self-government can act within the boundaries of special territorial units. For example, the local government bodies in the USA include not only county and municipal authorities but also those of school and special districts. In the USA there are 14,721 school districts.12 School districts consolidating the majority of schools are independent from local organs of counties and municipalities. School districts are administered by school councils 10 (consisting of 5-7 people). The majority of school councils are elected by the population. The Council works out the basis of educational policy in its district, the budget and the amount of taxes raised for the school district’s needs. The school districts’ councils administer the subsidies of federal and state governments on education and hire teachers. About 20% of the pupils from state schools are taught outside the boundaries of school districts (in school systems under control of states, counties and municipalities).13 The primary cell of local self-government in foreign countries is, as a rule, urban and rural communities which are called in different ways (for example, in Denmark it is municipality) and also differ from each other by territorial limits and population. Thus, according to the legislation of Austria its federation subjects (lands) are divided into municipalities. Municipality is a territorial unit with administrative autonomy and representing at the same time administrative electoral district. Besides, any municipality with a population of not less than 20 thousand people can receive at its request and in accordance with the land’s law special municipal status (where this does not contradict the interests of corresponding land). A city possessing such a status performs not only administrative functions of the municipality but those of region as well.14 In Austria there are more than 2,300 municipalities. The average community’s area totals more than 93 sq. km. The average population is more than 3 thousand people. The majority of the communities (1,537) have the population from 1 to 5 thousand people.15 In the Netherlands the total number of communities is 647. On average the communities have territory exceeding 50 sq. km. and population of more than 2 thousand people, with 342 communities (i.e. 52.9%) having the population from 10 to 50 thousand people.16 In France there are more than 36 thousand communities and more than 32 thousand of them have population of less than 2 thousand people.17 In some countries small self-governing territorial units that have no municipality status are created. For example, in Spain there are more than 3,670 local communities with a size less than that of the commune’s (there are 8,082 communes in Spain). They are called 11 farms, parishes, towns, etc. Such formations perform decentralized management of separate settlements. The initiative for its creation comes from the population concerned or from the competent municipality with its opinion to be taken into account in any case in accordance with the law.18 In England where the system of local government includes London district councils, the councils of metropolitan districts and six large metropolitan areas (Manchester, West Yorkshire, etc.), county and regional councils there are more than 8 thousand parish councils that perform the task of providing small services on local level.19 The legislation of foreign countries on local self-government does not preclude the possibility of communes’ consolidation.20 Thus, in Austria municipalities can enter the agreement in order to form inter-municipal associations that on behalf of the municipalities are authorized to fulfill the tasks under their competence. These agreements should be approved by the supervising organ of power. The approval is made in the form of a decision provided that this agreement complies with the law and that the formation of such association: a) causes no damage to functions of community authority as regards the fulfillment of the tasks entrusted by the organ of state government; b) meets the interests from the point of practicability, efficiency and profitability when communities act in the field of private law. In Spain autonomous regions have the right to form on their territories comarcas (supramunicipal communities) or other formations uniting different communes having common interests that need separate governing. The creation of comarcas may be done at initiative of communes concerned where two fifths of them are not against this and when these two fifths represent half of the population. The laws of autonomous regions establish comarcal territorial districts, composition and functions of its governing organs that should represent municipalities uniting into comarcas. In Catalonia there are 37 comarcas.21 It is necessary to mention that in Spain there is such a form of commune association as communes’ syndicates. There are 527 of them in the country.22 Communes’ syndicates are voluntary associations of the communes 12 directed to combined performance of certain works and services under the competence of the communes concerned. Here we refer to local non-territorial formations of institutional character. Communes’ syndicates perform their activity on the basis of their status approved by the concerned municipalities. Territorial region of such formation activity, the subject of its activity, its bodies and economic resources, supposed duration of its existence and other questions necessary for its functioning are defined in the status. Such institutional cooperation is typical for municipalities in other countries, in particular in Belgium, where its legislation makes provisions for various types of inter-municipal association. Inter-communal unions in Belgium represent non-commercial associations dealing with precisely defined questions in the communes’ interests. They are formed on a voluntary basis.23 Inter-municipal associations can be “simple” and “combined”. The members of simple inter- municipal associations are the local authorities. The members of combined inter- municipal associations are legal persons representing both private and state sectors. The area of activity of inter-municipal associations is defined by their charter. Each inter-municipal association deals with one or several specific activities (water and gas supply, TV broadcasting, medical and social spheres, etc.).24 Inter-communal unions have the status of a joint-stock company, cooperative or association with non-property purposes. Their board is located in one of the commune-members. In principle, the period of inter-communal association activity cannot exceed 30 years. Any amendment of the charter imposing additional municipality’s liabilities or limiting their rights is to be approved by a decision of each municipality’s council – members of the association. Each communal association consists of a general assembly, board and college of representatives. Communes have the majority of votes and chair various administrative and controlling organs of the association. Only communal councellors, burgomasters or elders may be appointed as the members of the board on behalf of municipalities. Besides, the Constitution of Belgium prohibits various municipal councils from holding joint sittings and taking joint decisions.25 The question of establishing and 13 changing the boundaries of municipalities plays an important role in organization of local self-government. The common approach to solving this problem being reflected in the legislations of foreign countries can be expressed by the formula: municipal boundaries may be changed only legislatively. At the same time in different countries the procedure of establishing and changing the municipal boundaries has its own peculiarities. Thus, the legislation in Austria stipulates that community territory may be changed with municipal councils’ agreement that should consequently be approved by the government of this land.26 In Norway there is a special law on changing municipal boundaries. In particular it stipulates that the governor of the region (in Norway there are two levels of local government; municipalities and regions) has the right to take decision on secondary (minor) changes of municipality’s territory provided the agreement of municipalities concerned. In case of a merger or more significant changes of the territory the decision should be taken by the ministry of local administration or Parliament. A municipality or a group of people may introduce a proposal on the change of boundaries. According to the law, municipal and regional councils concerned express their opinion. If the proposal on municipalities’ merger is under consideration then usually a referendum is held. However, referendums are of a consultative character because municipal boundaries are not the question of purely local importance. In Italy the formation of new communities or changing the communes’ territorial boundaries is also determined by regional law but only after consulting the population concerned.27 The size of municipal territory, its population, government structure are significant factors influencing the character and content of local government and local self-government reforms that were implemented in foreign countries after World War II and such implementation continues nowadays in some countries. One of the tendencies of such reforms is the enlargement of municipalities, in particular in Great Britain, Germany, Scandinavian countries.28 Foreign researchers mention that the expansion of social problems after World War II and peoples’ requests to influence solving of these issues on a local level turned out to be the reason for 14 decentralization of a great number of social tasks with their transition from central to municipal level. It became obvious that the enlargement of municipalities is the condition of fulfillment of increased number of social problems. As it is known, municipal institutions historically go back to the times when public services due to a weak economy and primitive transport conditions were provided by small communities. These circumstances changed under the influence of various governmental, political, economic and social conditions. While implementing municipal reforms there was a desire to preserve existing municipal tasks and, first of all, schools for children, social services and hospitals. Municipal bodies couldn’t provide expansion of this sphere but this became the necessary result of technical and financial development. Thus, it was essential to expand the size of the municipalities, first of all in rural areas. For example,Sweden already in 1952 carried out the first merger of municipalities and formed 1,037 municipalities. In 1977 they were united into 279 municipalities. The cooperating municipalities merged around cities on the basis of development of the territories surrounding the cities.29 Such a system of blocks developed into a final municipal division. In Great Britain the changes of administrative division were especially strong. Here due to the early and intensive industrialization the cities developed rapidly. Though the municipalities here reached significant sizes with rather great average number of population in comparison with the majority of countries in Northern Europe, the municipalities in Great Britain after reform preserved a great number of tasks compared with other countries from Northern Europe.30 In particular, in England in 1950 there were 572 townships and 475 parishes.31 Nowadays local government and self-government in England is represented by 32 borough councils of London, Cor- poration of the City of London, 39 county councils, 36 metropolitan districts subdividing the territory into 6 large metropolitan areas and 296 district councils. The population of counties’ councils varies from 130,560 to 1,546 thousand people. 71 councils out of 296 have the population less than 75 thousand people. The population of London boroughs varies from 130,600 to 317,400 people.32 In former West Germany in the 70s the total number of commu- 15 nities (municipalities) was reduced to 3,251 municipalities with an average number of 19,000 people.33 Before the local self-government reform in Denmark in 1970 there were 1,297 rural and 88 urban municipalities.34 The cities, as a rule, were able to solve all problems independently while small rural municipalities had to cooperate to solve local questions, get support from districts or pay the cities for corresponding services. The purpose of the reform was the formation of less number of local and regional authorities but exerting their influence on a greater territory and larger population. This required the implementation of administrative, financial, budget reforms and redistribution of the tasks between different government levels. It was decided to reorganize 1,365 small municipalities into 275 large ones and to form 14 counties (there were 25 before the reform). The average number of people per municipality became 18 thousand and per district – 320 thousand. The goal of the reform was to form “viable” municipalities with the territory and tax base that let the organs of local self-government to solve local questions effectively. At the same time municipalities must have a sufficient number of people to organize schools, old people’s homes, kindergartens and other institutions of a local character that financially justify the quality level of their maintenance. It should be mentioned that 20 years after the reform there was a new discussion of the question on municipalities’ sizes. Some authors consider that many municipalities are too small effectively to solve local problems if they do not exercise municipal cooperation. While considering the question of municipalities’ enlargement in Denmark in 1970 great importance was attached to four principles.35 1. The tasks should be distributed between municipalities and districts so that they were as close as possible to the population. This means that municipalities must be responsible for the services that people need in their day-to-day life, e.g. kindergartens, elementary schools, institutions for elderly people, the activity of basic network of public health services, the major part of social services, different benefit payments from central government, etc. 2. The tasks should be distributed with a provision for territorial 16 sizes and financial possibilities of the municipalities. This principle leads to a situation where institutions covering the territory of more than one municipality should be administered by a county. Accord- ing to this principle, the counties are responsible for a number of institutions located in the region, e.g. secondary schools (gymnasias), hospitals, special institutions of social security, etc. 3. Municipalities and counties should be viable from the financial point of view, i.e. should have a stable financial base. This means that municipalities should have a certain number of population and sizes guaranteeing the people with different level of income the availability of various enterprises within the municipality’s boundaries that would promote ensuring of stable and broad tax base. 4. The balance of the tasks of society (state), counties and municipalities. The characteristic feature of Danish system is that municipalities and counties fulfil different tasks; there are no relations of collateral subordination. As a result, in most cases, there is only one organ of local self-government responsible for solving concrete problem. However, some tasks require the simultaneous participation of both municipality and county (social services, hospitals, transport, roads, planning). It is necessary to mention that Danish reform of local self-government of 1970 had been prepared for rather a long period of time. The special commission on local self-government law started its work in 1958 from the analysis of existing regulations on local self- government and its structure. On the basis of research and analysis the commission presented to the Danish Parliament the project of future local self-government structure. It’s important to note that they developed the project of the reform stipulating complex solution of the problems of local government and self-government.36 In 1977 on the basis of a special law with a limited period of force of law the reform of local self-government was implemented in Bel- gium. It envisaged the merger of communes and revision of their boundaries. This law introduced simple and quick procedure provided the observance of the principle of preliminary consultations of the communes concerned and their population.37 It is necessary to mention that also in Denmark concrete proposals of the commission on 17 reform of local self-government were sent to the municipalities that were going to merge. Municipalities could amalgamate voluntarily and that is what occurred in most cases.38 In Belgium the amalgamation of the municipalities was implemented on the basis of the following principles: a) each merger was implemented on the basis of “principal municipality” with other municipalities maintaining relations with it and taking into account the spheres of influence and role it played in all areas from economic and cultural points of view in the broad sense; b) taking into account such factors as the way of living of corresponding population groups, their resemblance (Belgium consists of four “language” regions); c) the principle of complementarity suggesting that new municipalities should include residential, green, industrial, agricultural and commercial areas necessary to create the most harmonic community; d) industrial areas as far as possible should be grouped under common management. As a result of the reform the number of municipalities decreased drastically: from 2669 (in 1950) to 589.39 The experience of foreign municipalities is evidence of questions relating to changing of the boundaries of the municipalities; abolishing and merging them must be tackled through legislative means taking into account the opinion of municipalities and the population concerned. The guarantees of municipalities’ rights including the right to manage certain territory is secured in the legislation of foreign countries. In particular, in Germany the protection of the communes’ rights from their unreasonable elimination, changing the boundaries of the territory is ensured by the constitutional courts of federal lands.40 The Constitution of Germany (Art. 28) guarantees the invio- lability of local self-government as a form of authority organization. It does not contain the guarantee of immunity for a separate community.41 However, the jurisdiction practice in Constitutional Courts of federal lands requires special interests for public benefit in order to dissolve any community on the basis of lands’ laws on changing administrative and territorial division. Violation or non-compliance 18 with the public benefit interests (meaning at the same time breach of the Constitution) occurs when: a) there was no timely and sufficient attention to the opinion of relevant community; b) the land’s organ of executive authorities cleared up the essence of the problem insufficiently or while making decision proceeded from the wrong interpretation of the problem’s circumstances on essential issues; c) the decision of the land’s organ of executive authorities on new administrative and territorial division had obvious drawbacks from the point of assessment and understanding of the problem’s essence. d) the appraisals of the land’s organ of executive authority and its prognoses concerning future development of the corresponding community are obviously wrong or unambiguously denied; e) the goals of changing of administrative and territorial division are explicitly not justified in comparison with the former condition; f) the goals of changing of administrative and territorial division are clearly unacceptable or measures taken to reach these goals are not necessary; g) as a result of changes in administrative and territorial division performed by the land’s organ of executive authority there is a wors- ening of peoples’ conditions as well as newly formed communities that is not justified by the advantages of these legislative procedures (the comparison of expenditures and results). So, let us consider the types of realization of local government and self-government in the European countries, the USA and Russia.

CHAPTER I. METHODOLOGICAL FOUNDATIONS OF LOCAL SELF-GOVERNMENT AND SOCIAL SECURITY IN FOREIGN COUNTRIES 19 § 1. The Idea of Legal Regulation of Local Self-Gov- ernment and Social Security Management

Various aspects of the legal and actual status of the organs of local self-government and administration are under the constant attention of lawyers from different countries of the world. There is no unanimous opinion (and no chance for such opinion) on basic institutions of self-government though there are existing settled opinions on the most important types of activity of local organs of power and management. An attempt to summarize the most popular and widespread points of views on the problems of self-government in the sphere of social security is made in this chapter. Organs of local self-government are elected directly by the population. Local government means the organs appointed by the central power. This is the main difference between them: self-government consists of elected organs while government bodies are appointed. However, it is reasonably pointed out that election is not the only property and quality of the local self-government organs. They should not only be elected but have a certain complex of authorities, independence, i.e. possess real rights. The authorities of local organs, as a rule, are fixed in special standard acts. Some of foreign constitutions contain either chapters or separate articles concerning local self-government. As a rule, such chapters are rather short and contain references to the existing legislation. Thus, for example, the Constitution of Japan includes Chapter 8 “Local Self-government”1. This Chapter includes only four articles (art. 92-95). It contains only basic principles and regulations concerning local self-government. It reads that in the country there are such organs and their functioning is determined by law; the chief officials of the public power organs are elected by the population; local bodies have the right to manage their property. A special law applied in respect of any concrete local organ may be issued by the Parliament only with the consent of the majority of the population living on this local organ’s territory.2 This is, by the way, a rather pe- 20 culiar condition: the Parliament (being a national body) should take into account the opinion of the population of this concrete area if the law affects their interests. The Constitution of Italy contains Section 5 “Regions, provinces and municipalities”.3 This section is mainly dedicated to the regulation of the legal status of regions. The status of regions in Italy is rather specific. Region is a large area. Regions inItaly can have autonomous and usual status. This unit does not fully correspond to the meaning of “local” administrative and territorial one and existing organs have more weighty status. There are a few words about the organs of communes and provinvces in the Constitution of Italy: “Provinces and municipalities are autonomous formations within the principles established by the general laws of the Republic” (Art. 128); “provinces and municipalities are also territorial units of state regional division” (Art. 129).4 It is also mentioned that detailed legal regulation is determined by laws. The legislation of the FRG regulates the problems of local self-government and government at greater length. Several articles dedicated to this problem are contained in the Federal Constitution – the main law of the FRG. This is Article 28 stipulating that in lands, districts and communities people should have representation formed by universal, direct, free, and equal and secrete elections. It is mentioned here that communities should have the right to regulate all local community affairs within the law framework and at their own responsibility.5 Communities are considered territorial units of local level, i.e. less than the subjects of lands’ federation. Communities and their amalgamations are also mentioned in Article 105, paragraph 3.6 However, regarding legislation of the FRG the question of local self-government is regulated at the greatest length at the land level. Every land in the FRG has its own Constitution and adopts special laws concerning local self-government. Thus, for example, there is a voluminous regulation on communities of Baden-Wuertenberg land. This regulation consists of five parts and includes 147 paragraphs.7 Undoubtedly, such a voluminous normative act regulates this question in great detail. The Constitution of France regulates the question of local au- 21 NOTES

1 See: Ãèëü÷åíêî Ë.Â. Ìåñòíîå ñàìîóïðàâëåíèå â ñîâðåìåííîé Ðîññèè: ïîëèòèêà, ïðàêòèêà, ïðàâî – Ì.: ÌÎÍÔ è ÌÈÃÏÈ, 1998; Ãèëü÷åíêî Ë.Â. Ìåñòíîå ñàìîóïðàâëåíèå: äîëãîå âîçâðàùåíèå – Ì.: ÌÎÍÔ, 1998. 2See: Óòêèí Ý.À., Äåíèñîâ À.Ô. Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå. — Ì.: Èçäàòåëüñòâî «ÝÊÌÎÑ», 2001. 3 See: Ãëàäûøåâ À.Ã., Èâàíîâ Â.Í., Ïàòðóøåâ Â.È. Ìóíèöèïàëüíàÿ íàóêà: òåîðèÿ, ìåòîäîëîãèÿ, ïðàêòèêà. Ì.: Ìóíèöèïàëüíûé ìèð, 2003. 4See:Çàðóáåæíûé îïûò òåððèòîðèàëüíîé îðãàíèçàöèè ìåñòíîãî ñàìîóïðàâëåíèÿ http:// www.ime.kolyma.ru/Dime/d32.htm IME äàéäæåñò. 5See: Ìåñòíîå ñàìîóïðàâëåíèå. Íàöèîíàëüíàÿ àññîöèàöèÿ ìåñòíûõ âëàñòåé Äàíèè è Ñîþç ðîññèéñêèé ãîðîäîâ. Ìîñêâà. 1995. 6 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå. 1993. 7See: Âèòàëü Äþðàí Ý. Ìåñòíûå îðãàíû âëàñòè âî Ôðàíöèè. Ìîñêâà, 1996. 8See: Ìàòåðèàëû ñåìèíàðà ïî îáìåíó îïûòîì “Ðîññèÿ è Åâðîïà – îïûò ðàçâèòèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ”. Îáùåðîññèéñêàÿ îáùåñòâåííàÿ îðãàíèçàöèÿ “Ìóíèöèïàëüíàÿ Àêàäåìèÿ”. 23-31 èþëÿ 2004 ã. Ãåðìàíèÿ – Áåëüãèÿ – Ãîëëàíäèÿ. /www.akad.ru/. 9See: Ìàòåðèàëû ñåìèíàðà ïî îáìåíó îïûòîì “Ðîññèÿ è Åâðîïà – îïûò ðàçâèòèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ”. Îáùåðîññèéñêàÿ îáùåñòâåííàÿ îðãàíèçàöèÿ “Ìóíèöèïàëüíàÿ Àêàäåìèÿ”23-31 èþëÿ 2004 ã. Ãåðìàíèÿ – Áåëüãèÿ – Ãîëëàíäèÿ. /www.akad.ru/. 10See: Raffaele Carnevale. Tax Collection Takes Stage in European Local Govern- ment Rating; Standard & Poor’s Credit Week, April 11, 2001/ Öèò. ïî Êðåäèò Russia; Áàðàíîâà Ê.Ê. Áþäæåòíûé ôåäåðàëèçì è ìåñòíîå ñàìîóïðàâëåíèå â Ãåðìàíèè. Ìîñêâà, Äåëî è ñåðâèñ.2000; Âèòàëü Äþðàí Ý. Ìåñòíûå îðãàíû âëàñòè âî Ôðàíöèè. Ìîñêâà, 1996. 11 See: Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Ì.: ÁÅÊ, 1996. Ñ. 270. 12 See: Ïðàâîâîå ðåãóëèðîâàíèå ìåñòíîãî ñàìîóïðàâëåíèÿ â ÑØÀ.//Ñîöèàëüíûå è ãóìàíèòàðíûå íàóêè: çàðóáþ ëèòåðàòóðà. Ñåð. 4//Ãîñóäàðñòâî è ïðàâî. 1993. ¹3,4. Ñ.53-59. 13 See: Ìåñòíîå ñàìîóïðàâëåíèå è ôåäåðàëèçì: îïûò ÑØÀ. Àðõèâ ÈÝÃ. www.opec. ru/library/. 14 See: Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 15 See: Ñòàðöåâ ß.Þ. Êóðñ ëåêöèé “Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ”. Ì. ÐÓÄÍ,2003. 16 See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. 1.13. Ìåñòíîå óïðàâëåíèå â Íèäåðëàíäàõ. www.internet-law.ru. 17 See: Îáùèå ñâåäåíèÿ î ïðàâå óðáàíèçàöèè âî Ôðàíöèè. Ì., 1994. 18 See: Ìåñòíàÿ âëàñòü â Èñïàíèè: óïðàâëåíèå ôèíàíñàìè. Ì.: ÈÍÈÎÍ, 1994. 19 See: Áåííåò Ð.Äæ. Ïóòè äåöåíòðàëèçàöèè ãîñóäàðñòâåííîãî óïðàâëåíèÿ (Âåëèêîáðèòàíèÿ)// Ïðîáëåìû òåîðèè è ïðàêòèêè óïðàâëåíèÿ. 1992. 1. Ñ. 4 - 8. 20 See: Ìóíèöèïàëüíûå ñèñòåìû çàðóáåæíûõ ñòðàí. www.dvgups.ru/METDOC/CGU/

22 PRAVO/M_PRAVO. 21 See: Øòåéíáåðã Ä. Ñ. Øàøêîâà À. Í. Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèè è Èñïàíèè: ñðàâíèòåëüíûé àíàëèç. Ðîññèéñêàÿ þñòèöèÿ.- 1999.– N12.-Ñ.51-52. 22 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå (The structure of local government in Europe). Ïåðåâîä ñ àíãëèéñêîãî è ïðåäèñëîâèå Êàìûøàíîâà Â.È., Ì., “Ôèíàíñû è ñòàòèñòèêà”, 1992ã.; Èñïàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1982. 23 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 24See:Êîìàðîâà Â.Â., Ñëåïàê Â.À. Ïðîáëåìû ñòàíîâëåíèÿ ãîðîäñêîãî ñàìîóïðàâëåíèÿ. ………www.lslg.ru/ru/publications/. 25 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org.; See: Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Ì.: ÁÅÊ, 1996. Ñ. 47. 26 See: Ïåòðîâ Ì. Ìóíèöèïàëüíûå ñèñòåìû Çàïàäà. Ì., 1994; Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 27 See: Ìóíèöèïàëüíûå ñèñòåìû çàðóáåæíûõ ñòðàí. www.dvgups.ru/METDOC/ CGU/PRAVO/M_PRAVO. See: Ìàòåðèàëû ìåæäóíàðîäíîé êîíôåðåíöèè «Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ â Íîðâåãèè». 8-15 ÿíâàðÿ 1996, Îñëî (Íîðâåãèÿ). www.eurograd.spb.ru. 28 See: Øàäðóõèí Â. À. Ìîäåëè ìåñòíîãî ñàìîóïðàâëåíèÿ åâðîïåéñêèõ ñòðàí. Èçäàòåëüñòâî: Ñàðàòîâñêèé ãîñóäàðñòâåííûé óíèâåðñèòåò èì. Í.Ã. ×åðíûøåâñêîãî. Ñàðàòîâ.2002. 29 See: Áàëàêèðåâ Ó.Ì. Ìåñòíîå ñàìîóïðàâëåíèå â Øâåöèè//www.balakirev.temator.ru; Ïóáëèêàöèè Øâåäñêîãî èíñòèòóòà â ÈÍÒÅÐÍÅÒ íà îôèöèàëüíîì ñàéòå ïîñîëüñòâà Øâåöèè â Ìîñêâå (http: //sweden. ru/sheets. html). See: Îôôåðäàë Î. Ìåñòíîå ñàìîóïðàâëåíèå â Ñêàíäèíàâèè: äîñòèæåíèÿ è ïåðñïåêòèâû// Ïîëèñ. 1999. 2. Ñ.155-167. 30 See: Áàðàí÷èêîâ Â.À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. Ì., 1999. 31 See: Õàðâåé Ä., Õóä Ê. Áðèòàíñêîå ãîñóäàðñòâî. Ì., 1979. Ñ.253. 32 See: Chester N. The English administrative system, 1780–1870. Oxford, 1981. P. 119.; Ðåäëèõ Ð. Àíãëèéñêîå ìåñòíîå óïðàâëåíèå. Ñ-Ïá., 1908.; See: Råd11iñh and Hirst, Local government in Engind, p. XXIV; Gneist R. Selfgovernment. Â., 1871; Naitland F. The constitutional history of England 1909; Smellie K. History of local government. Boston, 1946; Reith-Lucas B. The unreformed Local Government System. L., 1980. 33 See: Ìåñòíîå ñàìîóïðàâëåíèå. Íåìåöêî-ðóññêîå èçäàíèå Ôåäåðàëüíîé Àêàäåìèè ãîñóäàðñòâåííîãî óïðàâëåíèÿ è Áàâàðñêîé øêîëû óïðàâëåíèÿ, Ìþíõåí/ Áîíí, 1995. 34 See: Îðãàíèçàöèÿ ãîðîäñêîãî ñàìîóïðàâëåíèÿ: Ñá. Ìàòåðèàëîâ // Ïîä ðåä. À.Í. Øèðîêîâà. - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 35 See: Äàíèÿ. Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ Äàíèè// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. 36See: Õàíñåí Á.Ê. Ïîäãîòîâêà ìóíèöèïàëüíûõ ñëóæàùèõ: Ñáîðíèê ìàòåðèàëîâ / Ïîä ðåä. Þ.Â. Êèðèëëîâà - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 37 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 38See: Äàíèÿ. Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ Äàíèè// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. 39 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 40 See: Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû.

23 Ì., 1991. 41 See: Îñíîâíîé çàêîí (Êîíñòèòóöèÿ) Ôåäåðàòèâíîé Ðåñïóáëèêè Ãåðìàíèè îò 23 ìàÿ 1949 ã. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã.

24 thorities very laconically. It contains Section 12 “On Territorial Bodies”8 that mentions only two administrative units that may be referred to the local organs: “Territorial bodies of the Republic are communes, departments and overseas territories. All other territorial bodies are formed by law. These bodies are freely administered by elective organs following the conditions, envisaged by law” (Art. 72).9 The Constitution of France only indicates existing administrative units and defines the principle of organs’ electivity that should be included in such units. The reference to the law is made and all questions of self-government in France are regulated by laws. In the Constitutions of Spain and Greece they do not use the term “local self-government”. The category “local administration” is applied. Chapter II, Section 8 “On Local Administration” of the Con- stitution of Spain reads that the Constitution guarantees autonomy for municipalities that possess all the rights of a legal entity. Their management is entrusted to corresponding municipal councils consisting of alcaldes and counselors. The counsellors are elected by the population of the municipality by the universal, equal, free, direct and secret suffrage according to conditions established by law. Alcaldes (mayors) are elected by counsellors or the population.10 It should be mentioned that the term “municipality”, “municipal organ” in some countries is equivalent to the idea of local self-government organ (an elected one). In the USA and Great Britain only city organs are called municipal, while in other countries these may be any elected bodies.11 The Constitution of Greece (Section F “On Administration”, Chapter 1 “Organization of Administration”) states (Art. 102) that the management of local affairs belongs to the organs of local authority. More- over, the organs of local government are described. In our opinion according to Greek legislation the ideas of local government and local power are identified. Point2 of Article 102 reads: “The organs of local government enjoy administrative independence. Their organs of administration are elected by universal and secret ballot.”12 This should be understood as local government and local authorities are elected bodies and in fact they are organs of self-government. The Constitution of Greece (Ch. 5, Art. 102) envisages the possibility of 25 state control over local self-government.13 Thus, we see that terminology existing in different countries is rather various. Similar bodies may be named both administration and government organs as well as organs of self-government, but using principles in the theory we will distinguish them and name organs of self-government only those that are elected. As we see, such organs exist in practically every foreign country. Also an important fact should be mentioned that on October 15, 1985 the European Charter on Local Self-Government was adopted. This Charter (mandatory for the states – members of the European Council) consolidates the most important constitutional and legislative bases of local self-government. It states that the principle of local self-government must be acknowledged by the country’s legislation and, if possible, by its Constitution. Local self-government (as it is stipulated in Article 3) is understood as the right and real ability of local self-government organs to regulate and manage significant part of state affairs acting within the limits of law, on their own responsibility and in the interests of local population. This right is exercised by councils or assemblies consisting of members elected by free, secret, equal, direct and universal ballot. Councils or assemblies may have executive organs accountable to them.14 A very important principle should be mentioned which is consolidated in the European Charter on Local Self-Government. The main point of it is that local self-government organs within the limits established by law have full freedom to implement their own initiatives on any question that is not excluded from their competence and is not referred to the competence of other body of authority. Consequently, the principle of exclusive competence is consolidated and specific area of independent authorities is provided for these bodies. Thus, one can name two basic principles of local self-government organs and self-government in general as a phenomenon. These are electivity and specific complex of rights. Local organs of self-government should have their own competence and possess adequately real rights and possibilities. Below we will discuss the competence of local self-government organs.

26 § 2. Basic Characteristics of Administrative and Ter- ritorial Division

The system of organs of local self-government and government, as a rule, is formed in accordance with the administrative and territorial division of the country. The administrative and territorial division is the division of the state territory into certain parts in order to govern the state in the most rational way. Administrative and territorial division depends on various factors. As a rule, the basis for division is the convenience of the government. The other factors influencing the formation of administrative and territorial units are: natural geographic factors (for example, these units may be formed around large cities); factors of demographic character (units are formed with approximately equal size of population); national or ethnic structure of population; peculiarities of morals and manners and religious character. Very influential are the factors of an economic nature and political life. Very often administrative units exist from time immemorial, i.e. they were historically formed on the territories of former counties, principalities and other feudal units where citizens used to feel themselves to be a part of this territory. However, feudal boundaries are not stable. They can be also reorganized and changed depending on the necessities of modern life. As a rule, in accordance with the administrative and territorial division the system of management organs of these units is formed; those may be organs of self-government and government as each administrative unit has some power or management. If there is no such organ then it is not an administrative and territorial unit. There are large and small administrative and territorial units. It is natural that these bodies correspond to the sizes of such units. In different countries there are various systems of administrative and territorial division of the country: more and less developed, simple and complex. This depends on the size of the state and number of population. There are two-tier, three-tier systems of administrative and territorial division, etc. There are even five-tier systems – such a system exists in France.15 27 The lowest level of administrative and territorial division in France is commune. A commune is the basis for division. Maybe it is not quite the same as Selsoviet (village soviet) used to be in the USSR, but it is also a primary section. In France there are about 37 thousand of them. The commune has certain number of population, certain boundaries and is the first link of state system. The citizens of the commune elect municipal council – the lowest organ of state power and primary organ of self-government. Local municipal council elects a mayor who is the representative of executive structure.16 The next is canton. This term has analogy with Swiss term “canton”, but they are not similar. In Switzerland canton is a subject of the Federation (there are 23 cantons there)17 and in France canton is an amalgamation of several communes. The canton was introduced for the convenience of state affairs management. This structural unit has no its own organs of self-government. The canton is a constituency. In canton there are several officials who are inexpedient in eev ry commune. This larger unit is formed in order to have their own notary, magistrate, gendarmery station, draft department, etc. for people from several communes in each canton.18 The next is district. In a district there are from 100 up to 150 communes. In France there are more than three hundred districts. The head of the district is a person not elected but appointed by the government. This official (state functionary) is called subprefect. District is the third level of French administrative and territorial system. The fourth link is department – a larger unit consisting of about 400 communes or 35 cantons. A department has elected organ of local self-government – general council (maybe it would be more logical to call it department council?). The principle of election of this council is rather simple: one general councellor is elected from every canton. Thus, if there are 35 cantons in the department, then the general council consists of 35 general councilors. The prefect appointed by the government chairs the general council. Here we have rather a peculiar combination of self-government and government principles. General councilors are elected not by direct ballot but by multi-stage; important is that they are representatives of the population.19 28 The largest administrative and territorial unit in France is region (in some books the French transcription [Rezjõ] of this word is used). Region has regional council. Regions were formed instead of provinces that for many centuries existed in France and traditionally the names of the provinces became names of the regions. They also exist in our time: Aquitaine, Burgundy, Picardy, Normandy, etc. In a region there is the prefect of the region. He is the prefect of the largest department (the administrative center of which is the center of the region).20 As we can see, in France there is a rather complex structure of local organs. We should note that sometimes local organs are classified into several groups. They mention countries where there are only organs of self-government or government (appointed by the government). This is possible after military coup or under dictatorship. More often there exist mixed systems with elements of self-government and government. A classic example of such system is the French one where there are both elected organs and those appointed by central authorities. Let us name other ways of forming the structure of local authorities: four-tier system is applied in some countries in Africa (Cameroon, Senegal),21 three-tier is inherent in some countries of Europe (Italy)22 and also in Africa (Kenya),23 two-tier system usually exists in small countries (Denmark).24 The Danish system, for example, may be described as follows: districts (larger units), municipalities (rural units) and cities. Districts consolidate municipalities and are a kind of second section for them. Cities do not have second section at all and exist according to the principle of self-government. They have no superior structure and are submitted only to law.24 Rather a peculiar system of self-government exists in the USA. The states are traditionally divided into so called counties and the latter into districts. Districts may be of various types including non-administrative and non-territorial (e.g. school district, electoral ward, township, etc.).26 It is important to mention that there is a real dependence of local organs’ structure on the type of state system. In unitary states the formation of administrative and territorial 29 division is under the authority of central power and government. While in federative states administrative and territorial structure is under the competence of federation’s entity. In different states, lands and provinces there are their own peculiarities that were established historically or by will and wish of the people and authorities of the federation’s entity.

§ 3. The Structure of Local Self-Government Organs

Local self-government includes, as a rule, two elements – elected organ (elected municipal assembly that may be called in different ways –council, assembly) and executive organ. The executive organ may be individual and collective. If it is an individual organ then it is a mayor (France) or a burgomaster (the FRG). An example of a joint body is a magistrate in some lands in the FRG or junta in Italy.27 An executive organ is necessary because it is a constantly acting structure while an elected assembly is gathered periodically to solve important and fundamental questions. Representative elected organs of local self-government may have various names, for example county council (the USA and Great Britain),28 municipal council, communal council and general council. The term “municipality” is used very often. This term may denote both territory and organ (as it used to be with our Selsoviet, or rural council). Representative organs of local self-government are usually elected by people’s direct voting and more often according to majority system: the vote is taken individually for specific persons – deputies of local organs. Certain members of the future municipality are elected in constituencies. Constituencies may be single-member and sometimes multi-candidate. The period of authorities of such elected organs is different: from 1 up to 6 years. During the long period of their activity representative organs of local self-government may be partially renewed, i.e. rotation is made. In France, for example, general councils are renewed every three years by half.29 Representative organs of local self-government, as a rule, are unicameral, though in some cases they may be bicameral as in Par- liament. For example, the municipal assembly of New York consists 30 of two chambers. The type of work of these elected organs is similar to parliament – sessions. Sessions are held once or twice a month, sometimes – once a week.30 The higher is the level of representative organs of local self-government the more seldom they gather. For example, county council in England and Wales is gathered once a quarter (4 times a year)31 and general council – representative assembly of department in France – only two times a year (once in half a year). During session sthis representative organ makes decisions within the competence assigned by law.32 The main concern of local representative organs is the authorization of local budget and allocation of funds within the limits of this budget. They also adopt acts to solve various local problems. The performance of these acts is entrusted to the executive organ – either collective or individual. The individual organ or an official person (a mayor, a burgomaster, an alkald) is, as a rule, elected. They may be elected directly by the population (simultaneously with representative organs). In some countries mayors are formally appointed by the Head of the State after the proposal of local representative organ (Belgium,33 the Netherlands34). The functions of a mayor or a burgomaster can differ widely: in some countries he is the only executive-and-administrative representative of power; in the others he is the head of the board that is represented by elected deputies of the local body of authority. In some countries he performs only representative functions and the council employs a professional ma nager or governor who really manages and administers local affairs. In this case the mayor or burgomaster just greets delegations, attends various meetings, etc. Such a system may be found in the USA and is called “council – manager”. A manager is a professional official employed by the council. He concludes a contract and works as a manager and administrator. He is in charge of current business, and controls the funds and activities of different municipal services. If he copes with his work then the contract is prolonged, otherwise the council looks for another, more appropriate manager.35 Besides the USA such a variant is also used in land North Rhine-Westphalia in the FRG.36 It should be mentioned that municipal organs (assemblies, councils, 31 etc.) may form standing or interim commissions on a sectoral basis: commissions on education, culture, environmental protection, etc. In some cases such commissions execute certain orders of local elected organ. In some countries these commissions have not only advisory and consultative authorities but have administrative rights. The organs of local self-government adopt standard acts. It is natural that they adopt them within the limits of their competence. In some countries acts adopted by local organs may be disputed judicially. Sometimes it is a regular court and sometimes it is a special administrative legal system (in the countries with the system of administrative courts). § 4. The Authorities of Bodies of Municipal Man- agement and Social Security

The range of authorities and the way of providing rights to municipal bodies in various countries is quite different. In some countries (France) the legislation regulates the competence of local elected bodies at great length and observes that they do not exceed their authorities (otherwise the state interferes with their work).37 Com- petence is the only range of rights that is directly stipulated by law. In some other countries (the FRG) a certain sphere of questions is enumerated in the legislation, but in some cases the superior power allows going beyond the limits of these authorities and so called residual authorities may be used by local bodies of self-government.38 The competence of self-government bodies may be conditionally divided into primary and secondary categories. The primary refers to local affairs: cleaning of the streets, adequacy of building development, system of school education, public health organizations, parks, squares, care for homeless, elderly people, etc. Secondary competence is what local bodies perform mostly as if by order of superior authorities: registration of voters and draftees, measures of defense character, i.e. that is not directly referred to local affairs and that is of greater interest to the central power. The competence range of local organs in foreign countries are growing constantly and gradually including such important areas as education, road construction, communal facilities and services, etc. The 32 rights of local organs in unitary states are consolidated by laws and acts of the government and in federative states by federation entities. In some cases the bodies of local self-government may appeal to the legislation bodies with requests, petitions to issue laws or other acts that would provide them with additional rights. Some of the additional rights may be provided on the bylaws level without issuing new laws. The basic methods of municipal activity are direct regulation and government. Regulating activity means granting trading licenses, licenses with the right to maintain various consumer services enterprises, cinemas, theatres and so on, business permit, establishment of regulations in trade and building development areas, distribution of land for construction, establishment of behavior rules in public places, allowance or prohibition of street processions, meetings and dem- onstrations. This also means supervision of public order protection, fire service, sanitary inspectors, etc. In some countries municipality has its own municipal police (the USA, Canada, France).39 The regulation-making activity of local bodies, as a rule, is limited and often to issue any act the approval of it by a superior power or representative of the government is required. The management of the enterprises that are in municipal property may be called administrative activity. Usually these enterprises belong to communal transport, communal facilities and services and consumer services. A certain part of housing facilities, schools, libraries, parks and houses for elderly people may belong to the municipalities. The enterprises may be rather specific, for example the one to produce road signs, i.e. to serve the needs of city facilities. In some countries municipalities are involved in public health, administer hospitals, polyclinics, pay unemployment and poverty benefit. Sometimes they have shares or stocks in industrial enterprises and, naturally, participate in the management process of these enterprises. For a better understanding of the competence of municipal organs their authorities are classified into certain groups. 1. Authorities in the sphere of financial-and-economic activity. This means authorization of local budget and also participation in 33 economic and social projects by issuing or buying shares. Financial- and-economic sphere is the most important. It also includes collection of different funds and their accumulation. There is no work without funds. Thus, all other authorities depend on the funds in this sphere. 2. Authorities in the sphere of public order maintenance. As we have already mentioned, local police forces which are involved in pa- trol and security services are often under the authority of local bodies and their executive committees. The head of local executive organs is often entrusted with the functions of police chief officer. For example, in France prefect is not only the chief official of general administrative level, but is also the chief of police. The heads of local executive bodies may be in charge of preliminary inquiry, investigation and arrest of criminals. In some cases they do not possess police functions but employ policemen to perform the corresponding job.40 3. Authorities of municipal bodies in the sphere of communal services, improvements and environmental protection. This refers to the transportation development, traffic control, local road construction and cities’ sanitary conditions. This is the supervision of how the legislation is observed and control of air and water pollution. The problems of water supply, lighting, sewerage, waste and refuse collection are very important for people as cities growth, forming large megalopolises where hundreds of thousands or millions of people live not always allow providing them with a normal and healthy life. Thus, this sphere is the main problem of local power and people wait for them to be solved. 4. Authorities in social sphere. First of all, here one can mention assistance to the poor, elderly people and disabled people: free canteens, medical assistance to the homeless, homes for elderly people and those who need special treatment. Besides, in some countries municipal bodies are involved in building cheap housing that afterwards will be sold to the tenants on favorable terms. Social sphere means municipal hospitals and maternity hospitals, municipal libraries, kindergartens and sports grounds. Sometimes the sphere of education is also included here, but more often the authorities in the field of public education are referred to the fifth separate group 34 because in all countries of the world there is state system of public education and there are state schools. All questions relating to education are under the authority of local bodies. They are in charge of school construction, the repair of them, salaries of school teachers, solving the problems of software provision, etc. These types of activity are primary and the most important for local municipal bodies of foreign countries. To execute authorities one requires money. Where do the local bodies of authority take money from and what are the sources of income? While considering this problem, first of all, one can name taxes. There are local or municipal taxes. They include: a) municipal income tax; b) land ad valorem tax; c) company income tax; d) property tax (tax paid by householders, owners of household constructions and plots of land). In some countries there is sales tax when a certain per cent from each purchase is raised in favour of city’s budget. State grants, i.e. payments from national budget are the main sources of income. There are three types of subsidies: à) general subsidies (not categorical and paid regularly); b) categorical subsidies that are paid also regularly but for certain purposes (education, culture, etc.); c) special grants for separate municipalities, cities, etc. The third group of income sources is issuing of permits for trade, entertainment, construction, etc. Every permit is repayable and consequently this is also a source of local budget replenishment. Besides, there is the fourth group – consumers’ payments. These are the payments for water, garbage disposal, etc. In some cases local organs take loans, though they are provided seldom and with interest. They have one shortcoming: loans are repayable.

§ 5. Legal Relationships of Local Bodies with Cen- tral Authorities and Providing Social Security

Central authorities, naturally, strive to control local power, i.e. 35 supervise that they do not go beyond the limits stipulated by law, though they are granted a right of self-government. In unitary states local bodies (municipalities) are mostly supervised by special representatives of central authorities. For example, in Great Britain a special Ministry of Housing and Local Government41 is in charge of supervising municipal bodies. In France and Italy this is under the control of the Ministry of Internal Affairs and inJapan there is a special Ministry of Local Autonomy Affairs (as applied to their constitutional terminology).42 Certain supervising functions are performed also by other central departments, firstly, the Ministry of Finance that controls the funds spending and execution of the budget. In federative states this supervision is under the control of administrative organs of federation entities. There are such organs in the structure of executive power in certain states in the USA.43 This is in charge of lands’ government in the FRG.44 Central authorities may influence the municipal bodies in the following ways: – firstly, direct regulation of these bodies’ activity through adoption of laws and bylaws; – secondly, control over the activity of municipal bodies; – thirdly, making use of financial dependence of municipalities from central authorities as all of them get certain subsidies. In some cases acts of the local self-government organs may come in force after confirmation, approval or preliminary decision of government bodies. In England, for example, ministers approve acts of the municipalities that contain regulations of general effect or acts on local taxes, receiving loans, transaction with municipal property, etc.45 Consequently, the most important issues requiring funds expenditure are approved by the central authorities. In France decisions of the municipalities on budget issues, loans receiving and management of municipal property are to be approved.46 In Japan this applies to decisions in the sphere of taxes, etc.47 Such decisions are approved by ministers or heads of the departments supervising the activity of local organs. The government has also the right to give consultative advice that in practice is mandatory. 36 The dependence of local bodies from the government is provided by the system of pecuniary subsidies and grants as in some countries subsidies and grants make up from 1/3 to 1/2 of all municipal incomes. In the USA, for example, grants account for approximately 1/4 of municipal incomes,48 and in England the amount of grants is usually larger than the amount of all income from all taxes.49 In case of a conflict or insubordination of local bodies to the central power the latter may apply sanctions including the dissolution of local self-government body – the municipality. In some cases compulsory resignation of employees or municipal councellors is possible. Sometimes such measures are used as a transfer of authorities from a “disobedient” municipality to the representative of the government (official), mayor’s or other employee’s removal, penalties and annulment of acts of municipal bodies. The most terrible and real measure is the suspension of subsidies. Thus, there is a pecuniary leash that holds local organs in submission. The possibility of the dissolution of local bodies is stipulated in the legislations of France,50 Italy51 and Japan.52 There may be legal supervision in addition to the administrative one. For example, in England central authorities may have recourse to the law in case they are not satisfied with the actions of local bodies. Judges of different levels may settle claims of the power or private persons to the local organs. Such cases are settled by courts in counties and courts of a higher level.53 The strict- est supervision over local self-government bodies is in the countries where in municipal bodies there are (within their composition or in similar structures) state agents or officials – prefects or governors. In France, for example, prefects can remove elected mayors from their posts for the period of 1 month. The prefect is in charge of the police department, controls local municipal police, etc. This is a very important authoritative person who controls local authorities.54 In Italy acts adopted by regional councils are published only after receiving the state commissioner’s visa. The position of a state commissioner is stipulated in the Constitution.55

Local Executive Bodies

37 The basic everyday work in any administrative unit is fulfilled by executive bodies that daily and hourly manage local affairs. One can name three basic types of local executive bodies formation. 1. The system where the executive assembly (municipal assembly) elected by people elects officials who form the executive body. This is, for example, the system of mayoral elections in France. The mayor is the individual executive body represented by one elected employee.56 A collective organ may be elected as a magistrate in some lands in the FRG.57 The activity of such executive organs in various countries is different. For example, inGreat Britain the cities’ councils elect mayors (in large cities they are called lord-mayors) and county councils elect chairmen for a one-year term. Special committees with appointed regular clerks who play main role in these committees occupy an important place in the management.58 2. The essence of this system is the separate election of the municipal assembly and the executive organ. It is very characteristic of Japan where governors of prefectures, mayors of the cities and leaders of villages are elected by the population.59 To a certain extent this variant is used in some states in the USA60 and in some lands in the FRG.61 The role of the executive collective body is reduced under elected mayor or burgomaster. In Japan, for example, on the initiative of a governor, mayor or head there may be an anticipatory dismissal of corresponding executive body.62 3. Non-elected bodies. There are two types: à) the function of the executive body is performed by a representative of the central power. An example of this is the status of prefects and subprefects in France. A prefect in a French department is a very important person who actually heads executive power in an administrative unit. This prefect is practically independent from the elected organ. He heads all administrative services.63 Such a system may be found in some countries of Asia, Africa and Latin America;64 b) the functions of an executive organ may be entrusted to a specially invited manager. Such system is widespread in the USA (we’ve already mentioned this). It is called “council-manager”.65 The problems of greater importance are submitted to a local referendum when 38 local authorities apprehend to make decisions without population’s support.

NOTES

1 See: Êîíñòèòóöèÿ ßïîíèè. Ïðîìóëüãèðîâàíà 3 íîÿáðÿ 1946 ãîäà. Âñòóïèëà â ñèëó 3 ìàÿ 1947 ãîäà. Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Ì.: ÁÅÊ, 1996. Ñ. 305. 2 See: Öóíýî Èíàêî. Ñîâðåìåííîå ïðàâî ßïîíèè. – Ì., 1999. 3See: Êîíñòèòóöèÿ Èòàëèè. Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå îñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. See: Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Ì.: ÁÅÊ, 1996. Ñ. 267. 4 See: Êîíñòèòóöèÿ Èòàëèè. Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü ïðîôåññîð Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. See: Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Ì.: ÁÅÊ, 1996. Ñ. 271. 5 See: Îñíîâíîé çàêîí (Êîíñòèòóöèÿ) Ôåäåðàòèâíîé Ðåñïóáëèêè Ãåðìàíèè îò 23 ìàÿ 1949 ã. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. 6 See: Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1991. 7 See: Ìåñòíîå ñàìîóïðàâëåíèå â Ãåðìàíèè (íà ïðèìåðå ïîëîæåíèÿ îá îáùèíàõ çåìëè Áàäåí–Âþðòåíáåðã). Ì.: Äå-þðå, 1996. Ñ. 53—200. 8 See: Êîíñòèòóöèÿ Ôðàíöóçñêîé Ðåñïóáëèêè îò 4 îêòÿáðÿ 1958 ãîäà. Êîíñòèòóöèè çàðóáåæíûõ ñòðàí. Ì.: Èçäàòåëüñòâî «Þðëèòèíôîðì». 2003. Ñ. 49-69. 9 See: Êîíñòèòóöèÿ Ôðàíöóçñêîé Ðåñïóáëèêè îò 4 îêòÿáðÿ 1958 ãîäà. Êîíñòèòóöèè çàðóáåæíûõ ñòðàí. Ì.: Èçäàòåëüñòâî «Þðëèòèíôîðì». 2003. Ñ. 62. 10 See: Êîíñòèòóöèÿ Èñïàíèè. (Îäîáðåíà ãåíåðàëüíûìè êîðòåñàìè íà ïëåíàðíûõ çàñåäàíèÿõ êîíãðåññà äåïóòàòîâ è ñåíàòà 31 îêòÿáðÿ 1978 ãîäà, óòâåðæäåíà èñïàíñêèì íàðîäîì íà ðåôåðåíäóìå 6 äåêàáðÿ 1978 ãîäà, ïîäïèñàíà å.â. êîðîëåì ïåðåä ãåíåðàëüíûìè êîðòåñàìè 27 äåêàáðÿ 1978 ãîäà). See: Êîíñòèòóöèè çàðóáåæíûõ ñòðàí. Ì.: Èçäàòåëüñòâî «Þðëèòèíôîðì». 2003. Ñ.227. 11 See: Â îñíîâàíèè ïèðàìèäû: êàê ðàáîòàþò ìåñòíûå îðãàíû ñàìîóïðàâëåíèÿ â ÑØÀ, Âåëèêîáðèòàíèè, Ôðàíöèè // Íàðîäíûé äåïóòàò. 1990. 14. Ñ. 112 - 118. 12 See: Êîíñòèòóöèÿ Ãðåöèè (Ãðå÷åñêîé Ðåñïóáëèêè) îò 11 èþíÿ 1975 ã. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã; See: http://constitution.garant.ru. 13 See: Êîíñòèòóöèÿ Ãðåöèè (Ãðå÷åñêîé Ðåñïóáëèêè) îò 11 èþíÿ 1975 ã. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã; See: http://constitution.garant.ru. 14 See: Ñåðèÿ Åâðîïåéñêèõ Äîãîâîðîâ ¹ 122. Åâðîïåéñêàÿ õàðòèÿ î ìåñòíîì ñàìîóïðàâëåíèè.

39 Ñòðàñáóðã, Ñîâåò Åâðîïû, Îòäåë èçäàíèé è äîêóìåíòîâ. ISBN 92-871-0804-8.Ìàé 1990. 15 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå, 1993. 16 See: Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 17 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 18See: Ôåäåðàöèÿ â çàðóáåæíûõ ñòðàíàõ. – Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà, 1993. 19 See: Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 20 See: Ñòðóêòóðà è ôóíêöèè ìåñòíûõ êîëëåêòèâîâ âî Ôðàíöèè. Ì., 1993. 21 See: ×åðêàñîâ À.È. Ìåñòíîå óïðàâëåíèå è äåöåíòðàëèçàöèÿ âëàñòè: îïûò ðàçâèâàþùèõñÿ ñòðàí// Ãîñóäàðñòâî è ïðàâî. 1992. 5. Ñ. 105 - 112. 22 See: Ôèëèìîíîâà Ì.Â., Ìåäâåäåâ Ñ.Í. Ãîñóäàðñòâåííûé ñòðîé Èòàëüÿíñêîé Ðåñïóáëèêè. Ì., 1995. 23 See: ×åðêàñîâ À.È. Ìåñòíîå óïðàâëåíèå è äåöåíòðàëèçàöèÿ âëàñòè: îïûò ðàçâèâàþùèõñÿ ñòðàí// Ãîñóäàðñòâî è ïðàâî. 1992. 5. Ñ. 105 - 112. 24 See: Åâäîêèìîâ Â. Á., Ñòàðöåâ ß. Þ. Ìåñòíûå îðãàíû âëàñòè çàðóáåæíûõ ñòðàí: ïðàâîâûå àñïåêòû. – Ì.: ÑÏÀÐÊ, 2001.; Øòàòèíà Ì. À. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ (Âåëèêîáðèòàíèÿ, ÑØÀ, Ôðàíöèÿ, ñòðàíû Ëàòèíñêîé Àìåðèêè). – Ì., 1994. 25 See: Äàíèÿ. Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ Äàíèè// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004; See: Ìîãóíîâà Ì. À. Ñêàíäèíàâñêèé ïàðëàìåíòàðèçì. Òåîðèÿ è ïðàêòèêà. Ì., 2001. 26 See: Ïîëèòè÷åñêèé ìåõàíèçì ãîðîäñêîãî óïðàâëåíèÿ (íà ìàòåðèàëàõ ÑØÀ): Íàó÷íî- àíàëèòè÷åñêèé îáçîð. Ì., ÈÍÈÎÍ ÐÀÍ, 2004. 27 See: Åâäîêèìîâ Â. Á., Ñòàðöåâ ß. Þ. Ìåñòíûå îðãàíû âëàñòè çàðóáåæíûõ ñòðàí: ïðàâîâûå àñïåêòû. – Ì.: ÑÏÀÐÊ, 2001. 28 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990; Øòàòèíà Ì. À. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ (Âåëèêîáðèòàíèÿ, ÑØÀ, Ôðàíöèÿ, ñòðàíû Ëàòèíñêîé Àìåðèêè). – Ì., 1994. 29 See: Îáùèå ñâåäåíèÿ îá àäìèíèñòðàòèâíîì ïðàâå Ôðàíöèè (Ðîññèéñêî-Ôðàíöóçñêàÿ ñåðèÿ èíôîðìàöèîííûõ è ó÷åáíûõ ìàòåðèàëîâ 9) Ì.: Èçäàòåëüñòâî Ïîñîëüñòâà Ôðàíöèè â Ìîñêâå, 1995. 30 See: Äàíèëîâ Ñ.Þ. Ìåñòíîå ñàìîóïðàâëåíèå// ÑØÀ: Ý.Ï.È. 1992. ¹6. Ñ. 66 - 69. 31 See: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå óïðàâëåíèå. – Ì.: Ïðîãðåññ, 1984; Ãðèãîðüåâ Ñ. Ìåñòíîå óïðàâëåíèå â Âåëèêîáðèòàíèè // Âîïðîñû ýêîíîìèêè. – 1991. – ¹ 5. – Ñ. 52–62. 32 See: Ñòðóêòóðà è ôóíêöèè ìåñòíûõ êîëëåêòèâîâ âî Ôðàíöèè. Ì., 1993; Øòàòèíà Ì. À. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ (Âåëèêîáðèòàíèÿ, ÑØÀ, Ôðàíöèÿ, ñòðàíû Ëàòèíñêîé Àìåðèêè). – Ì., 1994. 33 See: Êîíñòèòóöèÿ Áåëüãèè. – Åêàòåðèíáóðã: Èçäàòåëüñòâî Óðàëüñêîé ÃÞÀ, 1998.; Êîíñòèòóöèè åâðîïåéñêèõ ãîñóäàðñòâ. – Åðåâàí: Èçäàòåëüñòâî «Ìõèòàð Ãîø».1998. 34 See: Äàíêåðñ Ä.Ñ.Ì. Ìóíèöèïàëüíàÿ áþäæåòíàÿ ñèñòåìà â Íèäåðëàíäàõ // Ãîñóäàðñòâî è ïðàâî. 1993, 1. Ñ.92.

40 35 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990. 36 See: Ãèçåâèóñ Âîëüôãàíã. Ïîëèòèêà ìåñòíîãî ñàìîóïðàâëåíèÿ â ÔÐÃ/ Ïåð. ñ íåì. Á. Âîðîíîâ. – Áîíí: Ôîíä Ôðèäðèõà Ýáåðòà, – 1995. 37 See: Ñòðóêòóðà è ôóíêöèè ìåñòíûõ êîëëåêòèâîâ âî Ôðàíöèè / Ðîññèéñêî- Ôðàíöóçñêàÿ ñåðèÿ. Èíôîðìàöèîííûå è ó÷åáíûå ìàòåðèàëû ¹ 14. – Ì.: Ôðàíöóçñêàÿ îðãàíèçàöèÿ òåõíè÷åñêîãî ñîòðóäíè÷åñòâà, – 2003. 38 See: Êíåìàéåð Ô.Ë. Îðãàíèçàöèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ â Áàâàðèè// Ãîñóäàðñòâî è ïðàâî. 1995. ¹4. Ñ. 107. 39 See: Ìóíèöèïàëüíàÿ ìèëèöèÿ: ïðîáëåìû îðãàíèçàöèè è ïðàâîâîãî îáåñïå÷åíèÿ, çàðóáåæíûé îïûò. Ì., 1991.; Ãóáàíîâ À. Â. Ïîëèöèÿ çàðóáåæíûõ ñòðàí. Îðãàíèçàöèîííî- ïðàâîâûå îñíîâû, ñòðàòåãèÿ è òàêòèêà äåÿòåëüíîñòè. – Ì.: ÌÀÝÏ, 1999; Îñàâåëþê À. Ì. Êàíàäà: ìåñòíîå óïðàâëåíèå è ñàìîóïðàâëåíèå / Îòâ. ðåä. Ìàêëàêîâà Â. Â. – Ì.: ÈÍÈÎÍ ÐÀÍ, 1995; Îñòðîì Âèñòåíò. Ñìûñë àìåðèêàíñêîãî ôåäåðàëèçìà. ×òî òàêîå ñàìîóïðàâëÿþùååñÿ îáùåñòâî? / Ïåð. ñ àíãë. Åãîðîâà Ñ. À. Îòâ. ðåä. è ïðåäèñë. Îáîëåíñêîãî À. Â. – Ì.: Àðåíà, 1993. 40 See: Ãóáàíîâ À. Â. Ïîëèöèÿ çàðóáåæíûõ ñòðàí. Îðãàíèçàöèîííî-ïðàâîâûå îñíîâû, ñòðàòåãèÿ è òàêòèêà äåÿòåëüíîñòè. – Ì.: ÌÀÝÏ, 1999. 41See: Áàðàí÷èêîâ Â. À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. – Ì., 1990. 42 See: Ñåíàòîðîâ À. ßïîíñêàÿ ìîäåëü ìåñòíîãî ñàìîóïðàâëåíèÿ // Çíàêîìüòåñü – ßïîíèÿ. – 1996. – ¹ 12. – Ñ. 19–31; ¹ 13. – Ñ. 29–43. 43 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990. 44 See: Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1991. 45 See: Áàðàí÷èêîâ Â. À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. – Ì., 1990. 46 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå, 1993. Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 47 See: Ðîñèí Â. ßïîíñêèå ðåãèîíû: ñìåíà ïàðàäèãìû ðàçâèòèÿ? // Çíàêîìüòåñü – ßïîíèÿ. 1994. ¹ 4. Ñ. 2–16. 48 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990. 49 See: Áàðàí÷èêîâ Â. À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. – Ì., 1990. 50 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå, 1993. Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 51 See: Ìåñòíûå îðãàíû âëàñòè è ïðåäïðèíèìàòåëüñòâî â Èòàëèè: Ñáîðíèê îáçîðîâ. Ì.: ÈÍÈÎÍ, 1994. 52 See: Ñåíàòîðîâ À. ßïîíñêèé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ // Ïðîáëåìû Äàëüíåãî Âîñòîêà. 1995. ¹ 4. Ñ. 35–45. 53 See: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå óïðàâëåíèå. Ì.: Ïðîãðåññ, 1994. 54 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå, 1993. Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 55 See: Ìåñòíûå îðãàíû âëàñòè è ïðåäïðèíèìàòåëüñòâî â Èòàëèè: Ñáîðíèê îáçîðîâ. Ì.: ÈÍÈÎÍ, 1994; Âàñèëüåâà Ò. À. Ïðàâîâîå ïîëîæåíèå îáëàñòåé ñ îáû÷íûì ñòàòóñîì â

41 Èòàëüÿíñêîé Ðåñïóáëèêå // Ñîâåòñêîå ãîñóäàðñòâî è ïðàâî. 1983. ¹ 5. 56 See: Ìåñòíàÿ ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. Îðãàíèçàöèÿ è îáùèé ñòàòóñ. Ì.: Ïîñîëüñòâî Ôðàíöèè â Ìîñêâå, 1993;Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 57 See: Ãèçåâèóñ Âîëüôãàíã. Ïîëèòèêà ìåñòíîãî ñàìîóïðàâëåíèÿ â ÔÐÃ/ Ïåð. ñ íåì. Á. Âîðîíîâ. – Áîíí: Ôîíä Ôðèäðèõà Ýáåðòà, – 1995; Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1991. 58 See: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå ñàìîóïðàâëåíèå. – Ì., 1984. 59 See: Ñåíàòîðîâ À. ßïîíñêàÿ ìîäåëü ìåñòíîãî ñàìîóïðàâëåíèÿ // Çíàêîìüòåñü – ßïîíèÿ. 1996. ¹ 12. Ñ. 19–31; ¹ 13. – Ñ. 29–43. 60 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990. 61 See: Ãèçåâèóñ Âîëüôãàíã. Ïîëèòèêà ìåñòíîãî ñàìîóïðàâëåíèÿ â ÔÐÃ/ Ïåð. ñ íåì. Á. Âîðîíîâ. – Áîíí: Ôîíä Ôðèäðèõà Ýáåðòà, – 1995; Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1991. 62 See: Ñåíàòîðîâ À. ßïîíñêèé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ // Ïðîáëåìû Äàëüíåãî Âîñòîêà. ¹ 4.1995. Ñ. 35. 63 See: Àðäàí Ô. Ôðàíöèÿ: ãîñóäàðñòâåííàÿ ñèñòåìà. – Ì., 1994. 64 See: Àëæèðñêàÿ Íàðîäíàÿ Äåìîêðàòè÷åñêàÿ Ðåñïóáëèêà. Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1983.; Ñþêèÿéíåí Ë. Ð. Ãîñóäàðñòâåííûé ñòðîé. Ñóäåáíàÿ ñèñòåìà // Àðàáñêàÿ Ðåñïóáëèêà Åãèïåò. Ñïðàâî÷íèê. – Ì., 1990; Êîíñòèòóöèÿ Ôåäåðàòèâíîé Ðåñïóáëèêè Áðàçèëèÿ // Ïðàâî è æèçíü. 1998. ¹ 16.; Ìåêñèêàíñêèå Ñîåäèí¸ííûå Øòàòû: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1986.; Õà÷èì Ô. È. Êîíñòèòóöèîííîå ïðàâî ñòðàí Áëèæíåãî Âîñòîêà (Èðàí, Åãèïåò, Èçðàèëü, ÎÀÝ, Èðàê). – Ì.: Èçä-âî ÐÓÄÍ, 2001. 65 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990.

42 CHAPTER II. INTERNATIONAL EXPERIENCE OF TERRITORIAL ORGANIZATION OF LOCAL GOVERNMENT AND SOCIAL SECURITY

The Republic of Albania

Continent: EUROPE

National Name: Republika e Shqiperise

Capital: Tirane

Area: 8700 Sq Km

Population: In Albania there are about 3 , 3 mln. people. The main ethnic groups are: the Albanians (the Gegs (Ghegs) to the north and the Tosks to the south) - 96%, Greeks % ( a b o u t 5 0 t h o u . ) , 2 0 t h o u . Macedonians, 8 thou. Montenegrins and some other nations - Serbs, Bulgarians, Roma, etc.

Political System: Political situation in the country is rather complicated. Albania is involved in Kosovo conflict. There is quite a big number of independent armed units. Economic situation is also

43 rather difficult.

Head of State: Head of State - President. Head of Government – Prime Minister. Supreme Legislative Power - Parliament (unicameral People’s Assembly).

Languages: Albanian, Tosk dialect, Greek.

Main Religions: Islam, Muslims - 70%, Orthodox Christians (Greek Orthodox Church) - 20%, Catholics - 10%.

Government Type: Republic Albania1 After more than four-centuries of Turkish rule Albania obtained its independence in 1912. Eight years later the Republic was proclaimed and the President was elected. In 1928 he was proclaimed a king, who under the name of King Zog ruled the country till 1939, when it became controlled by the Axis’s countries. In 1944 a Provi- sional Government was created and a month later the control over the country was taken by National Liberation Front. After elections, in 1945 the Communist Party led by Enver Hoxha came to power. Shortly thereafter the King was removed and the People’s Republic of Albania was proclaimed on January 11, 1946. According to the new Constitution adopted in December, 1976 the People’s Socialist Republic of Albania was declared.2 The main governing bodies of the country are: - People’s Assembly (Assembly) – a unicameral body consisting of 250 members gathering for sessions twice a year; - People’s Assembly Presidium. It consists of 15 members elected by the Assembly. The Presidium rules the country between the Assembly’s sessions. The Chairman of the Presidium is the Head of the State. This position is mainly of a representative character; - The Council of Ministers is the upper administrative and executive body. Its members are also elected by People’s Assembly. The Head of the Government is the Chairman of the Council of Ministers. The governing Labour Party of Albania (LPA) is closely connected with government structures. In fact it dominates there. Every five-

44 year period in Congress the Party elects the Central Committee that in its turn elects its Political Bureau. Actually state power is fully concentrated in the hands of the First Secretary of the Party Central Committee. E. Hoxha was in power during 44 years until his death in 1985. His successor R. Alia also held the posts of First Secretary of LPA Central Committee and Chairman of the People’s Assembly Presidium.3 After World War II in order to preserve the purity of ideology practiced Albania severed relations with Yugoslavia, USSR and China next and began to follow its own course. In the long run this resulted in complete isolation of the country from the outer world.4 The level of urbanization of Albania, which is 34%, is the lowest in Europe. Administratively the country is divided into 26 districts (rrethi). The districts are divided into areas (localities), each of them unites several rural communities (amalgamated villages) – territorial and economic formations within the boundaries of which agricultural cooperatives and towns are formed. There are more than 60 of the latter towns. In turn the towns are divided into districts. Towns and rural communities are the main administrative units and as well as districts are the elements of a unitary system of government authorities. In all such units there is a local People’s Council which, according to the Constitution, is responsible for economic and cultural issues and also for the administrative bodies to fulfill the duties they are given.5 On the whole, the responsibilities of the Council include maintenance of public order, execution of laws, and drawing up a local budget. Besides, the Constitution stipulates holding the Councils of regular meetings with people and informing them about Council’s activity.6Deputies’ candidates are nominated by the Democratic Front of Albania (mass organizations with the leading role of Labour Party of Albania (LPA)). Besides, one candidate is assigned for each electoral district. Deputies (mainly members of the Party) are elected for a three-year term. The Council’s session is convened, not on a regular schedule, and for a short period of time. Responsibility for pending business is vested in an executive committee elected by the Council from their own membership. In its turn the executive committee creates commissions and other organs performing vari- 45 ous public tasks. Relationships between bodies of state power are based on the concept of double submission and thereby Councils, executive committees and other administrative bodies and officials from the same level turn out to be subordinated to each other as well as their partners on the next administrative level. Among the authorities possessing a superior body there is, for example, the right to dismiss a junior body of power (Council). However, this is more importantly, execution of authoritative functions is controlled by the Party structures.

Austrian Republic

Continent: Europe

46 National Name: Republik Osterreich

Capital: Vienna

Area: 83800 sq km

Population: a b o u t 8 , 1 4 mln people, mainly Austrians (98%), Croatians, Slovenes, Hungarians and others.

A Brief Historical Outline: 1 9 – the signing in Vienna of State Treaty on restoration of independent and democratic Austria (the signing parties – the USA, Great Britain, France, USSR and Austria). The withdrawal of allied troops from the country. Proclamation of Austria’s everlasting neutrality. 996 – Austria becomes a member of the European Union

Geographical Position: Central Europe. Austria borders on the Czech Republic in the north, Slovakia in the north-east, Hungary in the east, Slovenia, Italy and Switzerland in the south, Lichtenstein, Switzerland and Germany in the west.

Political System: Democracy

Head of State: President

Languages: German (official), about 2% of the population speak other languages, mainly Croatian, Slovene (Carinthia), Czech, Turkish, Hungarian (Burgenland).

Main Religions: Catholics - 84%, Lutherans and other Protestants - 6%, Muslims - 2 % , non-denominational - 8%.

Government Type: Republic Austria

The history of Austria goes back to the ancient days and numbers

47 many significant historical events.7 Its capital Vienna was a part of the Holy Roman Empire. It was the capital of the Austria-Hungarian monarchy. The latter ended its existence after World War I. Hungary and Czech Republic severed their historic relations completely after World War II. Modern Austria is a neutral European state, and its sovereignty was restored in 1955 when ten year allied occupation came to an end. The Constitution was adopted in 1920, and then it was amended several times to create the conditions for exercising of federal type of government. In accordance with the Constitution, the liabilities and responsibilities are divided between the central government and nine federal states (Lander), one of which is Vienna. Government bodies at the federal level are formed from a bicameral Parliament consisting of a National Council elected by popular vote and a Federal Council elected by the States’ Assemblies. The President of the country is elected by popular vote. The federal chancellor and other members of the Cabinet are appointed by the President, entering upon their duties having received approval from the States’ Assembly Council. The regions (Bezirke) are formed within the states the functions of which include governing at the state level and performance of federal tasks. The bases of executive system are 2300 municipalities (Ortsgemeinden). Vienna as the capital of the state has special status being at the same time the municipality, region and state. Vienna’s mayor simultaneously fulfils the duties of a governor.8

Municipalities (Ortsgemeinden)

In order to create strong municipalities the merger of small administrative units with a population of less than 1000 people was carried out. By this time the process had been completed. Together with the advantages the disadvantages of this process also became apparent raising the question of decentralization of the system of administration. Austrian municipality represents the legal unit of the correspond-

48 ing state. It is liable for the implementation of the tasks vested to it by the state and central government. Besides, the municipality has to perform the functions within the range of its authorities on the local level. Exclusive of 15 municipalities and Vienna possessing special status stipulated in relevant legal document, and all other municipalities are formally equal and have similar governing structure. Each municipality forms its Council, the members of which are elected by direct vote and secret ballot on the basis of proportional representation for a 4 or 6-year term. Besides, all parties participating in elections get seats in the Council. The composition of the Council varies from 9 to 45 deputies depending on the total number of people. Municipalities having special status elect from 29 to 61 deputies to the Council. The Council of Vienna numbers 100 deputies.9 All questions concerning current local activities are within the limits of power of the Council. Other structures of local authorities comply with its decisions. Though the separation of functions between the bodies of municipal government (Council, board, Council’s committees) has its own peculiarities in different states, some functions are universal for all levels of local authorities. This refers to the municipal economy, finance, maintenance of local roads, bridges, maintenance of secondary schools, fire prevention, police and hiring of some of categories of municipal employees. In exceptional cases local authorities can apply to the central government asking to undertake performance of a function within their competence, for instance, supporting police.10 This assumes the adoption of a relevant resolution by local authorities regulating activity of the local police. However, delegation of powers is exercised on the basis of the state governor’s or state administration decree. The Council elects a mayor (Burgermeister) - usually from the members of the Council – and one or three of his deputies. Together with the other officials elected from the members of the Council and known, authoritative public figures they make the Board Gemeinde( - 49 vorstand). In some states the size of this body is limited: it should not exceed one third or one fourth of the total number of the Council members. In other cases (concerning 15 municipalities having special status) upper and lower limits of Board size are stipulated by the Council. The Board functions during the same term as the elected members of the Council. The only exception is Tyrol where the Board functions for 3 years while the Council is elected for 6 years.11 The Board is, first of all, an executive organ. The range of its activities may have peculiarities in different states. As a whole, the task of the Board is to provide fulfillment of the Council’s decisions, to watch the forming and maintenance of different public organizations, to manage local police activity, to control the work of public institutions and bear the responsibility for distribution of public funds. In some municipalities each member of the Board is a head of one of the governing departments. In all its activity the Board is accountable to the municipal Council. The mayor combines the functions of the Chairman of the Council and the Board. Usually he has the right to impose the veto on the Council’s decisions. After that the question is submitted to repeat discussion and voting. This procedure may result in the mayor’s removal. In some states, he can make an appeal to the superior official. In most cases, this is a district governor. The mayor’s responsibilities include also supervision for the conformity of functions and current activity, delegated by federal and state organs under the control of municipality, to the existing rules and decisions of the superior authorities. Federal powers delegate to the states a number of functions including marriage registration, preparation and holding of elections, taking a census of the population, registration of foreign citizens, assistance in carrying out of actions on social protection of the population, supplying the central authorities with various information. These functions due to current alterations in political, economic and social conditions may be changed. Austrian municipalities form their budget out of local sources and assignments from federal and state taxes. The internal income sources are the taxes on private business, real estate property, wages and salaries, beverages, recreation industry and also fines, dues for 50 licences and other returns to the local fund. Assignments to the local budget are regulated by the respective act on the method of financing that specifies amounts of assignments for all three levels from the total income. The latter is formed out of taxes on income, wage, working capital, trade turnover, alcoholic beverages, oil, transfer of rights for real estate property and rent payments for land property. Cities where gambling industry is located receive a share of profit to their budgets. Besides, they are centrally assigned with funds to develop tourism. Municipalities that have special enterprises or industries meeting national interests receive respective grants. Such grants may be provided to the municipalities that experience financial difficulties, need funds to balance the budget or to overcome the consequences of any natural disasters. Within the competence specified municipalities can easily control their own funds. However, according to the Constitution, before coming into force, any decision that affects interests of more than one municipality should get approval of the superior authority. Besides, municipalities should follow certain rules while commanding the budget and making operation settlements. Financial documents of any municipality with a population over 20,000 should be presented annually to the state government and tax administration. In its turn this administration annually audits financial activity of the largest municipalities as well as institutions and organizations for which these municipalities bear direct or indirect responsibility. They also make selective inspection of smaller municipalities.12 In some states control over the activity of local governing bodies is exercised through referendums on the state of affairs in the municipality that are held at the request of a certain group of people. However, the results of such a referendum are not obligatory for the municipal authorities. The activity of the Council’s deputies is controlled by state and federal government following with attention that the deputies do not go beyond their commission and violate the law of the higher governmental authorities. Besides, the activity of municipalities is supervised by different central ministries in the areas of their competence. 51 Districts (Bezirke)

Between municipality and state there is a level of state administration called district that has none of its own legal definition. The exclusions are 15 municipalities with special status and Vienna being at the same time a district and a municipality. The head official in the district is the governor appointed by state government and representing the head of executive power. His main responsibility is to control the fulfillment of the functions delegated to municipalities by states or federal government. He is also in charge of responsibilities to execute orders of state or federal government. In all cases, he is held liable only to the authority body he was appointed by. The exceptions to the rule are the questions that refer only to the state’s authority. With reference to the questions which are under the authority of the federal government the head of the executive district power answers for the actions to various governmental federal institutions (together with the state governor). Vienna consists of 23 districts. According to the ordinance regulations adopted in 1979 the district administrator shares the responsibility with city authorities concerning financing, keeping order in the streets, waste and refuse collection, maintenance of cultural and historical monuments, fountains, clocks and canals.13 Besides, city authorities are obliged to consult the district administrator on any question directly affecting the present and the future of the district. This includes construction of road interchanges, development of public transportation, determination of order and working time for trade sector, planning of city construction, actions on environmental protection. The administrators are plenipotentiaries of district’s interests in solving these questions. The Council is elected in each Vienna district. The Council has specific tasks, such as the development of cultural, sport and educational programs, working out of recommendations to improve infrastructure and regulation of traffic, initiating proposals to solve social problems in association with adjacent district and also informing people about plans and actions of the city authorities. 52 ..

The Kingdom of Belgium

Continent: Europe

National Name: Koninkrijk van Belgie, Royaume de Belgique.

Capital: Brussels

Area: 30519 sq km

Population: 1 0 , 1 8 mln. people, mostly Flemings – % , W a l l o o n s – 33% and others.

A Brief Historical Outline: The state was created as a result of falling away of southern provinces from the United Kingdom of the Netherlands. November 10, 1830 – independence of the Kingdom of Belgium was declared. Shortly after that, the state’s “eternal neutrality” was declared. 1885 – The Belgians colonized a vast territory in Africa (Congo). 1914–1918 – During the World War I Belgium was occupied by German troops. 1919 – According to Versal peace treaty Belgium received German counties Eipen and Malmedy, and also a territory in Africa (Rwanda-Urundi). 1940–1944 – Occupation of the country by German troops during World War II. 1945 – The country was freed by the allied troops (USA, Great Britain, France). 1949 – Belgium entered NATO. 1957 – Belgium is one of the founders of European Community.

53 1960 – Granting independence to Congo and shortly after that to Rwanda-Urundi. 1967 –Transfer of NATO headquarters to Brussels.

Geographical Position: It is situated in the north-west of Europe. It borders on the Netherlands in the north-east, Germany in the east, Luxembourg in the south, France in the west. In the north the territory of Belgium is washed by the North Sea of the Atlantic Ocean.

Political System: Democracy

Head of State: King Albert II

Languages: Dutch, French, German

Main Religions: Catholicism, believers: 84% , Protestants, Israelites, Muslims – 16 %. .. Government Type: Constitutional monarchy

Territorial System: Federation

Note: Federation since 1989

Belgium

Belgium gained sovereignty in 1830 having declared its independence and being separated from the Netherlands. This was the end of its period of dependence from different European countries.14 Belgium is a constitutional monarchy with a bicameral parliament, and executive power and the Cabinet are under control of the Prime Minister.15 Under the influence of historical and geographical circumstances two main nationalities were formed in the country – Flemings and French (Walloons). There are also some German-speaking people living in the east of the country. This territory was transferred to Belgium after World War I. Significant differences in traditions and languages between two

54 main ethnic groups and also unequal economic development have resulted in certain tension in the society. The central authorities carried out demarcation of the regions in order to smooth existing problems. Thus, the amendments to the Constitution in 1970 divided the country into four linguistic territories: Francophone, Flemish, German-speaking and bilingual region of Brussels including only19 capital municipalities.16 As a result, each of the municipalities is fixed to the corresponding region, thus, defining the main language in it. It is legislatively guaranteed that boundaries of any municipality can be changed only on the basis of a special parliament act adopted only by the majority of the deputies. In 1970, in accordance with another amendment to the Constitu- tion, the country was divided into three administrative regions: Wal- loon, Flemish and region of Brussels. However, only in 1980 was the demarcation provided legally and the laws specifying the structure and functions of these regions were adopted… Brussels’ question was legally settled even later. In 1980 the amendments to the Article 3 were made fixing the existence of three cultural communities: Flemish, French and German.17 The word “cultural” in combination with community was withdrawn and the term “personified questions” was introduced. In order to solve these questions the citizens were given the right to hold discussion with the authorities on the personal problems on their native language even if it was not the official language of the region. The problems of healthcare, trusteeship, education and help in personal affairs were considered such questions. Thus, the citizens got the possibility to define their belonging to any community regardless of their place of living. Each community and region has their own governing bodies vested with a certain competence and excluding Brussels the right of taxation. The Flemish community and region are integrated into one government structure with a single administration. It is different with the French and Walloon regions. The administrative structure of Belgium includes 9 provinces which are subsequently divided into 43 districts (arrondissement) or cantons and also into 589 municipalities (communes).18 From 1971 to 1977 due to merger, the number of municipalities was reduced 55 by about 25%. However, up to now there are municipalities with the population less than 2,000 people. Provinces and municipalities have autonomy, legislative authorities and their own budget. Besides, the municipality in accordance with the rules worked out in 1971 has the right to enter the association or federation of municipalities – the structure that on their behalf can solve the concrete problems of common interest. At present such an association is the administration of the Brussels-Capital region including Brussels and adjoining 18 municipalities. According to the government Act No. 1922 municipalities were entitled to unite voluntarily into inter-municipal structures to solve current problems in such areas as gas, electricity and water distribution, refuse and waste recycling, land policy, housing, etc. Compared with some municipalities, inter-municipal associations having legal status have more administrative freedom and are controlled by the central bodies less strictly.19

Municipalities (Gemeenten, Communes)

The autonomy of Belgium municipalities (communes) is guaranteed by the Constitution, and their organizational possibilities and competences are fixed in Municipal Law of 1836 and successive laws. Each municipality has a Council elected by direct universal proportional suffrage for a 6-year term. The Council consists of 7 (in smaller municipalities) or 55 deputies (in larger municipalities). The Council makes decisions in respect of all local level issues. These decisions may be of either concrete or general nature. Decisions on municipal enterprises, public works, approving of the budget, financial statements, tax determination, issuing of decrees concerning all the activities of local authorities are referred to the first group of questions. Such decisions as the elaboration of municipal policy, approving of solutions made by the mayor, board (presidium), expressing one’s opinion on any question, submitted to the Council’s consideration, etc. are of a general nature.20 Besides, the municipal council is a central government organ vested 56 with the responsibilities to solve administrative questions concerning national interests. Such questions are enacted or arise and are solved at the municipal level. The important part of the mentioned municipal function forms Public Center for Social Welfare (earlier known as So- cial Assistance Commission) in accordance with council proportional representation principle. This important organ of municipal governing system is responsible for all kinds of social payments to the population with low income. At the same time it provides services in the sphere of social security and developing system of municipal hospitals that with some exceptions are under the control of local authorities. From its membership the Council elects between 2 - 9 people who with the mayor form the board and define those authorities within the limits of which it should act. The board is in charge of day-to-day activity of the local government organs, puts into effect the Council’s decisions, controls returns (income) to the local budget,21 administers public property, supervises municipal employees excluding police, represents municipality in judicial authorities22 and bears res ponsibility for development of the municipality in accordance with practical and economic plans worked out by the Council.23 Moreover, the board is liable for performing of the obligations delegated to the Council by the central government or province authorities, for example to observe the electoral law. Although according to the existing practice a member of a board heads one or several municipal departments independently, the decisions on all questions are to be made jointly. The main representative of executive power is the mayor appointed by the King. He is recommended by and from its membership the elected municipal Council. In case of common consent the Council has also the right to nominate for mayor’s post a public figure who is not a member of the Council. However, such practice is extremely rare. In fact the choice of a mayor is a political decision: the mayor is a representative of the strongest party or the party coalition formed on the local level. The mayor chairs the council and the board, monitors the post service and also performs representative functions. His main responsibility as a head of municipality is to control the law observance and normative decisions of the local council (or board). 57 When appointed to the post, on behalf of the central government the mayor is tasked with supervising and monitoring the activity of police and registration office. The mayor may also be charged with other commissions for the execution of which he is responsible to central, regional or local authorities.24 The execution of everyday municipal duties may be entrusted to a municipal secretary whose appointment, dismissal or removal must be approved by the superior body of authority. Belgian municipalities receive funds for their activity mainly from the central budget. A certain part of it goes from local sources, first of all out of additional tax on property, personal income and wages and also road taxes.25 Though the local authorities are fairly free to settle purely municipal matters the higher bodies supervise all actions of the councils, boards and mayors for the purpose of legality of their actions (control of legality) and observance of common interests (control of observance).26 There are four types of such supervision: general supervision resulting in cancellation of measures taken, “special” supervision resulting in approval of such actions, forced supervision, and appeal. The first type of control functions of the higher bodies is based on the fact that all administrative decisions and measures under municipalities’ competence are fixed in the law wording in general statements being the legal base for their further interpretation and usually are not concretized. Thus, in accordance with the Munici- pal Law while considering a question relating to the municipality with the population over 20,000 people the actions of the council, board or mayor may be suspended by the governor and cancelled by regional government or governor in case the authorities of local organs of power are exceeded, the law is violated or the actions are in contradiction with the country’s common interests.27 The second type of supervision is called “special” because the problem under consideration must be specially stipulated in the wording of the law or referred to any category, for example requiring the monarch’s approval. The decisions of a regional government that require preliminary approval of provincial government refer to another category of such questions. The law of 1984 considerably 58 decreased the number of questions concerning the sphere of “special” supervision force.28 Earlier it covered financial issues in respect to annual budget and its performance, long-term leasing, loans, mortgages, levies, admission fees, fines, surrender of municipal property and other operations with such property, acceptance of donations and inheritance and some questions on planning. The third type of supervision suggests the availability of a special right (of the bodies that exercise it) confirmed by law to prevent doing harm by municipals organs due to their incompetence, inability to execute their duties or intentional fraudulent actions. The bodies entitled to such supervision may take upon themselves the functions of corresponding municipal authorities to execute local government. First of all, such supervision relates to introducing into the budget the items binding for performance and assessment of special tax to pay the declared municipal debt. In this case, special assignees may be appointed to collect necessary information or preparing corresponding comments, to monitor the general law and regulation observance and also decrees and directions of local council. Such type of supervision of local authorities activity are very rare. The next control function is realized through the form of appeal that can be made by an individual as well as by administrative powers. The answer in this case is limited by agreement or disagreement of provincial authorities with any decision concerning transfer of property or dismissal of municipal employees.

Provinces

In Belgian provinces as well as in the municipalities the council is elected according to proportional representation system for a 4-year term. The council consists of 50 to 90 members. The council makes legislative decisions at an annual session or during specially called sessions on all questions affecting provincial interests that are not under the authority of other bodies of power. Such questions include drawing up the annual budget and preparation of the report on its performances, creation and maintenance of corresponding public institutions (activity), authorization of operations on loans and real 59 estate, determination of assessments and taxes. As a State element the provincial council is authorized to elect senators, nominate candidates for some legislative positions, express their opinion concerning actions of some official organs of power, take decisions on the questions relating to municipal government. The President according to his position presiding in the provincial organ of power is elected from the acting council’s membership.29 Amendments introduced lately in the law on provinces resulted in some significant changes in the functions of provincial council. The range of questions on which the councils cooperate with the municipalities is reduced. The right to call extraordinary council session is entitled. Up to 1983, there were no such rights and provincial council was assembled only twice a year. During the period between sessions the activity is managed by the board composed of 6 people elected for four-year term by simple majority as per separate list for each of the seats. In practice such system results in creation of majority parties’ coalition and subsequently the opposition is unable to be represented in this board. The board supervises the implementation of the council’s decisions and its current activity. The governor may protest the questions introduced into agenda by the council. In case of a conflict due to different points of view the board may appeal to the King with the governor’s consent. The main task of the board is property and financial management.30 Another important task is budget development and its presentation for Council’s approval. Besides, it performs all Council’s functions over the period between its sessions. However, this principle does not cover the issues concerning budget approval, its performance report and the questions of appointment and nomination of the candidates for the posts as well. Also, the board plays an important part in observance of the municipal government bodies activities, especially in the reference to such questions as preliminary approval or consulting 60 on the issues to be introduced to the council’s approval. The governor, who is appointed by the King and has the right to vote, chairs the board. As a representative of the central government he performs the following functions: supervision of state laws execution, general observations of national regulations, and ordinances performance and order maintaining, which includes the right to introduce police normative acts, as well as preliminary evaluation of the local authorities’ actions and control of implementation of the Council and its board’s decisions. Besides, the governor supervises the activities of the regions and municipalities composing the province. In case the governor considers the decision of the provincial council contradictory to public interests, he either suspends its operation or undertakes some other steps according to the law and submits such questions to the King to make the final decision. The way in which the federal government control provincial authorities is similar to the supervision of municipalities. Its aim is to ensure conformity between their actions to the laws and general interests of the country.

61 The Republic of Bulgaria

Continent: Europe

National Name: Ðåñïóáëèêà Áoëãàðèÿ

Capital: Sofia

Area: 109,000 sq km

Population: a b o u t 8 , 2 mln. people, Ethnic groups:Bulgarians - 8 5 , 3 % , T u r k s - 8 , 5 % , A r m e n i a n s , R o m a - 2 ,6%,Macedonians - 2 , 5 % , Russians - 0,2%.

A Brief Historical Outline: 1990 – Formation of democratic government of Bulgaria. 1991 – Adoption of new Constitution and changing the name of the country – the Republic of Bulgaria

Geographical Position: It is a country in Southeastern Europe, in the north of the Balkan Peninsula. It borders on Romania in the north, on Yugoslavia and Macedonia in the west, Turkey and Greece in the south. In the east it is washed by the Black Sea.

Political System: Democracy

Head of State: President. The upper executive and administrative body of power in the country is Council of Ministers (Government).

Languages: Bulgarian (state), Turkish

62 Main Religions: Bulgarian Orthodox Church - 85%, Islam - 13%, Catholicism, Protestantism, Judaism

Government Type: Republic

Bulgaria

After almost five centuries of Turkish rule the country became independent in 1908. Constitutional monarchy as a form of governing was established.31 After the nationwide referendum held in 1946, the monarchy was abolished and republic was declared. Next year a new Constitution was adopted and it was based upon the Constitution of the USSR. People’s Republic of Bulgaria was proclaimed as a socialist state. The unicameral National Assembly became the main organ of power, it could elect the State Council vested with executive functions over the period between its sessions and establish the membership of Council of Ministers which was accountable to a superior organ of power. The Bulgarian Communist Party was the leading political force, it also made up the basis of Patriotic Front that submitted a list of its candidates to any of the representative bodies. From 1945 to 1990 T. Zhivkov, the leader of the Central Committee of the Bulgar- ian Communist Party, was the head of the country, Chairman of the Council of Ministers and since 1971 Chairman of State Council (the head of the Consultative Council for National Security) in connection with the establishment of this post by the new Constitution.32 The events of 1990 made profound changes in the political life of Bulgaria; new elections based on the nomination of alternative candidates were held. The position of the ruling political party has changed, and has now been called the Bulgarian Socialist Party. J.Zhelev was elected President of the country.33 Bulgaria is a unitary state.34 In addition to the central level of power there are two more levels: provinces - 27 in number and municipalities – 300 in number.35 The number of provinces has been reduced dramatically for the past decade because of their amalgamation. Before 1978 there were1394 provinces. Today, two thirds of provinces have large and middle-sized cities as their centers and the rest – one

63 third of the provinces – are rather large towns. The status of Sofia - the capital of the country- correlates with the status of a province. It is divided into districts as well as the other cities.36

Municipalities and Provinces

Bulgarian municipalities37 and provinces38 represent the organs of state government in the localities and at the same time they are self- governing structures. They have unified structures and authorities which vary only in size and problem-solving level. They are functioning on the basis of State Act of Local People’s Councils of 1951 and corresponding Amendments to this act. This means that each local body of power has its Council.39 The deputies are elected in single- mandatory provinces for a two-and-a- half-year term. Despite the fact that only one candidate may be put on a list, he must get a majority of 50% plus one more vote in order to be elected provided not less than half of the electorate took part in voting.40 It is the Council’s duty to solve all social, economic, and cultural questions on the local level in accordance with the country’s laws. It draws up a budget, adopts economic development plan within the frames of the state budget and state economic development plan, and supervises their fulfillment. The Council is responsible for administration of property and enterprises located on its territory, order maintenance and observance of laws. People’s Councils have the right to carry out their activities in the sphere of government economy, social policy, culture, health care, public services, social welfare, planning, housing, transportation, industry, agriculture, leisure, tourism, environment protection. The observance of the work of different institutions, enterprises and organizations which are not under the direct Council’s jurisdiction but are situated on its territory is also Councils’ responsibilities. While exercising all these, it is assumed that the councils get reports on current work, and give recommendations how to improve this activity. Local councils discuss the issues of national importance and prepare the proposals on these questions to be submitted to the higher organs. As for the questions the voters are interested in, the Council is 64 obliged to inform the people about their contents before coming to a final decision, and it also is obliged to report back to the electors on its activity in general. As a rule, Council’s sessions are held 4 times a year in the provinces and 6 times a year in municipalities and city districts. Sessions may be also called on request of one fifth of the Council’s members or on the decision of the higher authorities. Sessions are open to the electorate. At each session, the council elects presidium consisting of a chairperson, a secretary and a certain number of members of presidium.41 The executive committee monitors the day-to-day work of a local organ of government. It is composed of a chairman, one or more deputies, a secretary and the members of this committee elected from within the Council. In the provinces the membership of the presidium does not exceed 13 people, in Sofia – 17, in the municipalities with the population less than 10,000 people – 9, over 10,000 – 11 people.42 The number of deputies of the chairman of the executive committee is defined by the Council of Ministers, and the size of the municipalities’ committees - by the executive committee of the province. And the same bodies determine the size changes of the inferior executive committees. The members of the executive committee carry out their duties right up to the election of new members at the corresponding session of the Council. The members of the presidium do not receive a salary for performing their duties, except those who work there full time. At the same time, part-time members of presidium may receive some reimbursement for performing their responsibilities. Among the authorities of the executive committee there is preparation of the agenda and calling of the Council’s session, performance of governing functions and other everyday activities falling within competence of the council and executive committee, admission of new full-time officials, implementation of Council’s decisions, consideration of people’s complaints. Usually the members of presidium are at the same time the heads of one or several departments or other governing bodies of the Council. In addition, a chairperson, his deputies and a secretary bear responsibility for the fulfillment of the assignments set by the superior organizations. 65 The work of the Council is performed through permanent commissions on which some concrete duties are vested. The types, sizes and numbers of such commissions are determined by the Council, which also elects their members either from within itself or from without. In accordance with the State Act of Local People’s Councils, one third of members of permanent commissions must consist of workers, scholars, rural working people, famous public figures, etc. members of the executive committee and administrative officials may also be included in their membership. These permanent commissions are both legislative and executive bodies of the Council. They carry into practice the decisions of the Council, executive committee and corresponding higher organs. They also solve the questions of removal of non-conformity in the decisions of different levels of authority, submit proposals to council’s sessions and executive committee’s meetings for consideration; if the law and the decisions of local authorities were violated, they give recommendations to the governing bodies that are subordinate to the Council. In corresponding cases at the Council’s sessions the permanent commissions put forward a proposal to withdraw illegal decisions of the executive committee. In their turn, the executive committee and the council can suspend the implementation of decisions and regulations of local or superior bodies of government. According to the doctrine of dual subordination, local Councils, executive committee and other administrative structures at each power level are subordinate horizontally to each other and vertically to corresponding higher authorities. The competences of the local power body and its relationships with the ministries and other representatives of central authorities, enterprises, organizations and institutions of central and dual subordination are determined by the Council of Ministers.43 Earlier through the provincial executive committee the ministries had the right to direct to any governing body. But the practical definition of how such a structure can function has not finally been stated yet. The Council has the right to deny legal power of the decision of its own and inferior executive committee as well as the higher authority, up to State Council.

66 Subcouncils

Separate populated localities, their unions with the population of more than 100 people, as well as the places geographically remoted from the centers of local authorities can have their own subcouncils that are created by the corresponding municipal Council. If the subcouncil is situated in the same place as municipal government body, the executive committee of the latter may assume the functions of the subcouncil. The subcouncil consists of a managerial official, elected via direct voting for two years and a half, his deputies, a secretary whose appointment or removal is determined by the municipal Council, and several other members elected via direct vote.44 The responsibilities of the subcouncil include ensuring implementation of the decisions of local executive committees, assistance to local infrastructure development, roads maintenance and their technical equipping, medical care and sanitary services, social security, and provision of local people with other social services. The subcouncil also assists in solving some other problems that higher authorities set before it. Acceptance of the activity plan and the decisions necessary to its implementation are among the subcouncil’s competences. As the councils the subcouncils must report back to the electors on their activity at least once a year.

67 The United Kingdom of Great Britain and Northern Ireland

Continent: Europe

National Name: U n i t e d K i n g d o m o f G r e a t B r i t a i n a n d Northern Ireland

Capital: London

Area: 244,111 sq km

Population: a b o u t 5 8 , 4 m l n . p e o p l e , Ethnic groups: English - 8 1 , 5 %, Scottish - 9,6%, Irish - 2 ,4%, Welsh - 1 , 9 % , Ulstermen and women - 1 , 8 % , Indians, Pakistanians, Chinese, Arabs, Africans.

A Brief Historical Outline: 1921 –Independence of Ireland (England keeps Ulster). 1931 – recognition of legal equality of dominions and metropolis (Westminster Statute). Creation of British Commonwealth of Nations. 1939-1945 – England is one of the main participants of World War II. 1947 – Gives independence to India and Pakistan. 1949 – Great Britain joins NATO. 1973 – Great Britain enters the European Union.

68 1982 – Armed conflict with Argentina for the Falkland Islands. England kept the islands.

Geographical Position: It is situated in the north-east of Europe on the British Isles. It consists of the island of Great Britain where England, Scotland and Wales are situated, and Northern Ireland, which occupies a part of the island of Ireland. It is washed by the Atlantic Ocean in the west and in the north, the North Sea in the east. In the south it is separated from the continent by the English Channel. Political System: Democracy

Head of State: Monarch. Queen Elizabeth II (reigns since February 6, 1952). The head of the government is Prime Minister.

Languages: English

Main Religions: Protestantism, believers: 90% Anglicans - 47%, Catholics - 16%, Muslims - 2%, Methodists, Baptists, Israelites, Hindus , Sikhs.

Government Type: Parliamentary monarchy

Great Britain

Great Britain is a constitutional monarchy and parliamentary democracy. The head of the State is a ruling monarch. The head of the government is the Prime Minister - the leader of the political party that has majority or may win majority in the House of Commons. Sovereignty of state power is defined by Parliament consisting of the House of Commons elected by the people of the country and hereditary House of Lords. The Prime Minister forms the Cabinet from within the members of its political party represented in the Parliament.45 This organ is the center of concentration of political power and policy formulation, which is the basis of Queen’s ruling the country.46 The United Kingdom consists of four countries that developed 69 their own traditions and governing type on the local level. Not- withstanding the fact that local authorities for many centuries were elements of the system of governing, the concept of an overall system of on-site elected local councils providing necessary services was firstly included in legislation only at the end of 19th century. During this century the expansion of local authorities’ system resulted in several laws that radically changed the local governments’ structure. They are the Administration of London Act (1963), Act on Local Government adopted in Northern Ireland in 1972, in Scotland in 1973, in England except the Greater London and Wales in 1974, the Act on Land, the Act on Planning Management of 1980 that are put into effect in England and Wales.47 The adoption of laws in 1974 and 1980 resulted in the introduction of two-tier structure of elected authorities with multi-purpose character in England and Wales and has a slightly different form in Scotland. In Northern Ireland the district council has a single tier structure. England is divided into county councils and regional councils including metropolitan districts known as councils of metropolitan county councils. Another level of authority is the parishes of England which were practically unaffected by reorganization of local government. In Wales local authority structure basically copied the English structure. Universal authorities function in Scotland on three distant islands and county and regional ones on the other territory, while in rural Scotland function commune authorities reminding in many respects English parishes.48 The last reorganization of local authorities refers to the Parliament session of 1984-1985. As a result of this reorganization the council of Greater London was abolished as well as six counties’ councils of large cities, i.e. Greater Manchester, Merseyside, South Yorkshire, Tyne & Wear, West Midlands and West Yorkshire. The corresponding bill with an amendment came into effect on April 1, 1986.49

70 England

Counties50

England is divided into 39 counties. Metropolitan areas are not included in their composition. They are independent administrative units and are divided into districts. County councils perform the functions of two types – obligatory and permissive. According to the law entrusted to them by the Parlia- ment Act, they are divided into three groups.51 The first group of functions relates to the questions concerning interests of the most part or the whole territory of the county and aimed at the provision of a council’s activity on strategic planning (working out structure and development plans, being the basis for preparation of local plans and certain types of proposals on development of administered territories). It includes also the activity on traffic and public transport management, highway maintenance; firefighting service and police (to supervise this service a special commission (sometimes joint commission of two counties) on police issues that includes representatives of city administration and members of the council); protection of buyers’ interests, and refuse disposal service. The second group of functions covers the activity on a small county’s territory but claims much attention in order to provide full effective use of special institutions on the territory under control. The reference is to primary and secondary schools, special schools for mentally handicapped and disabled children, various forms of special education except universities. On non-metropolitan areas the county councils undertake the functions of educational institutions. Also, they supervise the activities of the libraries excluding the private ones and act as social security bodies. Among social services there is long-term care of children, families, and elderly people, servicing the homes of elderly people, organization of daytime, social and other clubs according to population’s categories, public catering establishments, professional training centers and also preschool education. The councils are also responsible for taking care of children deprived of normal home environment or those who got into trouble. 71 The third group covers services provided exclusively on the local level and some services of a common character. Such services relate to the competence of the county and region as well. This is, for example the foundation of museums, picture galleries, recreation areas, etc. The issues of healthcare, gas, electricity and water supply, sewer are under authority of national bodies’ representatives specially created by the central government. The council is the main body of power in the county. Its structure is not defined by the law and does not depend on the size and number of population though for practical purposes constituencies support in this question the ratio of the number of electors to the Council’s members. As a rule, the council’s composition varies from 60 to 100 people who are elected via universal suffrage in single member constituencies by simple majority for a four-year term.52 The council’s activity is voluntary and non-reimbursable, though compensations are paid for participation in session work and execution of other tasks in relation to deputy’s obligation. Some members of the council administration, for example annually elected chairman may receive a salary.

Districts

The lower level of local government in England is built on the district principle and include 364 district councils of which 36 relate to metropolitan districts and 32 to London Borough.53 According to the Act of Parliament, the functions entrusted to districts may be of obligatory or recommendatory character. They are local planning, issue of the licences on the realization of development plans and performance of other related to this control functions, local road maintenance, car parking services (this includes sometimes other issues in connection with activity of local system of transport service), housing (such as slum clearance, creation of housing accommodation system under council’s administration, renovation of the city’s accommodation, homeless accommodation), refuse collection and settling together with the county council issues on museums, picture galleries, parks, play grounds, swimming-pools and other 72 places for recreation and sport activity. In metropolitan districts the borough councils are responsible also for school education system, public libraries network and social security. District councils solve problems of providing all ranges of services on the territory they administer. They consist of elected deputies with the number of people ranging from 50 to 80 in metropolitan districts, 60 in London and varying from 30 to 60 in other areas. From within the council’s membership a chairman is elected who is vested with representative functions. District councils on the basis of the King’s Charter can make a request for granting the status of “county” and subsequently the title of mayor to its chairman. Such a status is introduced on the basis of a written charter stipulating the right of the chairman of metropolitan council to the title of “lord-mayor” or there may be no such right. Assignment of the status “county” is mainly of ceremonial nature as nothing is changed neither in authorities nor in the structure of the local powers.54 To hold elections the district’s territory is divided into wards. In metropolitan districts during the period between general elections one third of the Council according to sub-districts is reelected. Rural districts can choose whether to hold general or partial (tertiary) elections.

Parishes

In England there are more than 10,000 parishes with a long history.55 In recent years as a result of the local government system reorganization the range of questions settled by them was expanded. Now it covers such issues as development of field and art activities, servicing community halls, providing services for recreation and sport, pedestrian area, tourism development, cemeteries and crematory maintenance. Besides, they have the right to make remarks on development plans of territories under their control. As the Councils of counties and districts, parish Councils have the right to take on credit certain amounts for the common needs that afterwards are written off the accounts of the parish in district Council. The functions of parish Council may be also performed by district Council excluding 73 the questions concerning land providing.

London

Local government organs in London and adjacent areas have always been formed differently from other districts in England. Greater London consists of 32 boroughs (metropolitan areas) and the City of London, it has the population of about 7 million people.56 London Borough Councils are the main units of local authorities. The City of London is a City Corporation. Common Council is the principal governing organ of the City which in this central part of the city performs as the normal activities of County Council as well as the whole range of historically traditional duties. Following the abolition of the Greater London Council which exercised the obligations that required unified actions when supervising such a big territory, some of these functions were given to the joint boards while the others entered the duties of County Councils. The final distribution of the duties is being developed. The only exception to this reorganization is the sphere of education that will still be related to the competences of London Education Council that unites 12 intercity areas and is elected via direct voting.

Wales

Counties, districts, communities57 The system of local authorities in Wales is built up mainly on a two- tier principle and has many similar features to the English one. The country is divided into 8 counties and 37 districts.58 The lower level of power is community which similar to English parishes in many things, and in functions as well. There is practically no difference in the system of allocation of funds to conduct business in Wales from that one in England. However, the responsibilities solving of such problems as refuse collection and disposal and arrangement of parking lots are conferred on district Councils. Some district Councils temporarily take on the duties of public libraries maintenance. The main organs of power in districts and counties are Councils that with regards to 74 their composition and term of activities have completely copied the English system.

Scotland

Districts, regions59 Scotland is divided into 9 districts and 53 regions where local authorities act on two tiers of power. On the Shetland, Hebrides and Orkney Islands, due to their isolated position from the mainland of the country multi-purpose single-tier local organs of power operate.60 The main activities of local authorities are aimed at essential needs of local communities. As for the more remote regions there is some flexibility in setting the territory which will also be under the control of local authorities. Here we mean to meet the demands of the local people for the services provided as fully as possible. The division of functions between district and regional authorities in Scotland is very similar to the division between non-metropolitan district and region Councils of England. District Councils are responsible for planning of all major activities, provision of attendant programs, such as industry development, transportation, and, unlike England, water supply, sewerage and purification facilities. In addition, their duties include school system administration, activities in social sphere, coastline protection, observance of the standard of measures and weights, control of product quality and conformance of trademark to the goods sold. Region Councils bear responsibility for house construction order, though district Councils reserve some certain rights to regulate the construction carried on by the other organizations. Region Councils decide the issues of local planning, the control of construction and libraries system development. In this case Highlands, Borders Dumfires, Halloway are the exceptions where these functions are performed by the district authorities.61 The regions are mainly responsible for food quality, condition of the environment including refuse collection, they observe the cleanliness of water, cemeteries and crematory maintenance, and they are also involved in the order establishment in game industry entertain- 75 ments. Besides, together with district authorities regional Councils settle the issues on museums, picture galleries, public centers, parks, recreation areas, etc. Due to the remote location of the Shetland, Hebrides and Orkney Islands, the district authorities hand over, on the grounds of the corresponding decisions, almost all their functions to local authorities. That is why they are more involved in administration of police and fire services. As for education and social services, they receive substancial support by central authorities. Scotland, including adjacent islands, is divided into district electoral wards and the regions into regional electoral divisions. From each of them only one member of Council is elected for a 4-year term; elections are held in succession, firstly -in the district, and then, in two years - in the region.

Communities

There is one peculiarity that differs the local government in Scot- land from the local government in England and Wales. The reference is to charter regulations on establishing communities Councils where it is necessary, on the grounds of the resolutions (statutes), worked out in each area and on the islands. Although community Councils are based on statutes, they are not the third level of power and differ from English parish Councils and Welsh community Councils only a little. Since the sphere of responsibilities of community Councils is not defined in the statutes, they are not able to have their own sources of financing; however, they can obtain grants for specific projects. The main functions of a community council are information collecting and summarizing; expressing the opinions of the community it represents to local and other public authorities of this area on the problems within its competence; and carrying out such actions that meet the interests of the community.

Northern Ireland

The structure of local government in Northern Ireland was reorga- 76 nized in October 1973, when in 26 districts the existing local organs of authority were replaced by single-tier governing structures. Due to specific circumstances when this decision was made, the responsibility for all services provided earlier by the local authorities was transferred to the establishments of central bodies of power that are in charge of the services realization either through their representatives in the provinces, or via the territorial boards controlled by the center.62 District Councils bear direct responsibility for the activities of local medical establishments, services for entertainment and rec- re- ation, funeral services, cemeteries and crema- to- ries, markets and ministries, and also for street cleaning, sanitary safety, consumer protection, construction control and gas supply. The functions relevant to education, libraries, medical care, housing, fire and melioration services, sports areperformed by the boards of local authorities and other local governing bodies. The majority of membership of the boards are approved by the institutions of central government. The board also involves a number of councilors appointed by the district authorities. Five territorial boards covering Northern Ireland are responsible for local education board, library service and youth programs. Together with the district Councils they take part in creating conditions for recreation and social, physical and cultural activities. Health care and social services including hospitals, general medical security, individual social services are under the authority of local boards acting on behalf of central government organs. The Executive Bureau of Northern Ireland on housing construction is responsible for housing building and maintenance, financing maintenance of the available housing and control over all housing resources that are publicly owned, and it also deals with the questions of improving the system of mortgages and grants allotted to help the people to acquire the dwellings of their own. It has its branches in every district Council. Planning, construction and maintenance of roads, the system of

77 water supply and sewerage purification facilities are fulfilled by the branches of the Department of the Environment of Northern Ireland, situated on the territory of local administrative units and working in tight cooperation with the corresponding district Council and its apparatus. The existing system of taxation is formed of two elements. The first element is a tax rate unified for the whole Northern Ireland and determined by Finance Department at the county level. The second element is percentage of deductions determined by every district Council independently.

General Principles and Internal Composition of Local Organs of Authority

Local authorities are to a certain extent free in their choice of internal structure . The existing practice of local government in Great Britain demands all principle political questions of the area under control of the Council to be decided at its sessions, while the concrete administration of different services should be within the responsibilities of the committees consisting of the members of the Council and its board authorized with executive functions and should be implemented by them. The system of committees is used at all levels of local authorities, which gives the members of the Council (who usually take part in their activities on a voluntary basis or as a part-time job) an opportunity to specialize in one or a number of questions. As a rule, the two thirds of committee are the members of the Council and the third is formed by co-opting experts to it. The exceptions are the finance committee that consists of only the members of the Council and the committee on police affairs that must include the representatives of the magistrate (justice of peace). The system of local governing is based on the so-called “corporate governing” structure that is built up on the interdependence of the elected members of the Council and the to-be-paid personnel that consists of specialists. Owing to this structure all members of the Council and the senior employees (experts) are aware of all the activities of the authorities, and not only of the state of affairs at one of the sections entrusted to them.

78 The typical organization of local government presumes the availability of strong committees on police and finance affairs that consist only of the members of the Council and the group of administration including senior officials. The head of this group is a chairman of -ex ecutive power who is not involved into any of the departments and who coordinates administration and acts as the main councilor of the local authority body on the questions of policy-making. The councils are usually not restricted in the decision on either a number of people in their membership or in respect to the person- alities. However, in order to avoid corruption there is a rule in accordance to which none of the members of the elected Council can be employed in a full-time position. The conditions of work and the size of salary is set by the personnel committee and usually corresponds with the main regulations of all-nation Council on employment which includes the representatives of the employers appointed by the associations of local authorities and the representatives of workers and employees appointed by the trade unions and other professional organizations.

Financing

The sources to cover the current expenditures of local authorities in England and Wales are as follows: 1. Government grants (covers 40% of expenditures).63 The most considerable among them is so-called “additional grant on the tax rate”. It is given as a categorical contribution set according to the financial opportunities of each local body of power and possible (due to preliminary evaluation) expenditures. The order of spending of these funds is negotiated by the central government and associations of local authorities every year. Additionally to the grant that is mentioned, some categorical subsidies are allocated on housing construction, police maintenance, transportation and capital costs, e.g. purification and restoration of the lands withdrawn from the cycle of operation.64 2. Local “allocations” (covers about 30% of expenditures),65 that are paid by those who occupy the lands and buildings that are not 79 used in the agricultural cycle. The amount of payments depends on assessed value of the property and the level of percentage allocations set by the local authorities. The responsibility for collection of allocations and other kinds of taxes is imposed on local Councils, Greater London Council and City Corporation. The expenditures of county councils, communities and parishes are covered out of allocations on the activities of the district Council which are included in the total percentage of allocations. 3. Other income (covers about 30% of expenditures) such as paying dwelling rent, payments for services and accommodation provided by the local authorities. The main expenditures, up to 70%, are spent on maintenance of the employees of schools and other establishments of the education system, and also the employees of social security sphere, police, road and transport services, street lightning, recreation facilities, including parks and swimming pools. Though each local Council is responsible for its own finance, sometimes the Councils unite their efforts to provide the services that are not economically beneficial for a separate Council.66 Approximately one fifth of the expenditures of the local authority is covered out of different loans allocation of which is discussed and determined by the central authorities together with the association of local organs of power. Local authorities may issue different securities, take on long-term credits in the Loan Bureau for public works financed by the treasury, and use the pledged property.67

Control

Control over financial activity of the Council is usually exercised by a specially created financial committee, the functions of which are reduced to the observance of the expenditures for the purpose of their correspondence to the financial policy of the Council. The creation of such a committee is not obligatory, but the absence of it does not remove the obligations to do financial affairs properly. As a rule, control is exercised by checking the reports of the financial or other corresponding commission, and if it is necessary, by introduc- 80 ing changes into the expenditure that is annually made up by the executive organs of the Council based on informal consultations with financial committee and is submitted for consideration to the Council via corresponding committees. Also, the duties of the Council are to approve the vote on common budget and fix the norms of local taxes to provide it. All local authorities carry on their independent inspection work on the execution of the items in the budget. In addition, expenditures are audited by the higher bodies, held by the National Auditing Commission that also determines the expediency of costs, i.e. the profitability of the deal, its “value for money”. Public inspectors also have the right to audit, which gives the citizens the opportunity to ask controlling services questions on the contents of accounts on any item of the budget and then appeal to the court with a protest against any decision of the Council concerning its financial or other activities. Moreover, local authorities are obliged to prepare an annual financial report which is then published if the central government requires the information on the annual turnover. All these measures are supposed to be given to the correspondent coverage of the receipt and expenditures of the budget, presentation of the information on the total level of income from local taxes, provide additional protection from abuse in financial affairs. The nationwide statistics of concerning financial state in local organs of power is conducted on the basis of these data. For the purpose of reorganization of the system of financing of the local authorities in 1986 the government prepared a so-called green book entitled “Payments to Local Authori- ties”. Reorganization pursues the following purposes: replacing the household tax with the community one that in fact means allocations from each adult dweller; introducing the fixed all over the country level of payments added on commercial and industrial enterprises, and also, the substantial changes in the system of control over grants and capital costs. According to the legislature, setting the functions of local organs of power, the ministries have authority to issue different resolutions, instructions, etc. to make the services provided to people, meet the 81 adopted standards.68 Moreover, when developing and approving a structural plan, programs of investments and other important items of the budget, providing the work of the local organ of authority and directed to receiving subsidies on the capital costs, it is required to have a preliminary consent of the ministries interested. The way the local authorities exercise their duties to provide services to the population is inspected by the superior organs and special committees. In addition, local authorities are obliged to give correspondent information on this type of their activity. If a local Council violates the performance of the liabilities stipulated by the regulations on local organ of power, the central government may either begin the fulfillment of these duties itself via an appointed commissar (representative), or to delegate the authorities on governing of this area to another Council. In practice such a procedure is implemented rarely, only in exceptional cases.

The Republic of Hungary

Continent: Europe

National Name: Magyar Koztarsasag

Capital: Budapest

Area: 93,000 sq km

Population: a b o u t 1 0,6 mln. people, high population density, 0 p e o p l e p e r 1 s q k m . T h e m a i n population groups are Hungarians (89,9%), Roma (4%), Germans ( 2 , 6 % ) , S e r b s ( 2 %), Slovaks, Romanians and

82 others.

A Brief Historical Outline: 1989 – The communists were removed from power and Hungarian Republic was declared.

Geographical Position: The country is situated in Central Europe. It borders on Slovakia in the north, Ukraine and Romania in the east, Yugoslavia in the south, Croatia, Slovenia and Austria in the west. No access to sea.

Political System: Democracy

Head of State: President

Languages: Hungarian (official), many Hungarians know one of the foreign languages – English, German, and Russian.

Main Religions: Catholicism. Among believers: Catholics - 67,5%, Protestants (mainly Lutherans and Calvinists) - 25%, Israelites.

Government Type: Parliamentary Republic Hungary

Hungarian tribes settled down in Central Europe at the end of the IXth century A.D. Gradual formation of feudal system and government structure in the country was interrupted at the beginning of the XVIth century by the invasion of the Ottoman Empire that captured the territories populated by the Hungarians. In the XVIIIth century the country became a part of the Habsburg Empire. During the revolution of 1848-1849 Hungary fought against the Austrian supremacy for abolition of feudal system and gaining independence. Though with armed forces the foreign countries suppressed this revolution, economic and social development and the decisions of questions on relationships with Austrian dynasty was not stopped. It resulted in the “compromise” of 1867 when Austro-Hungarian monarchy was

83 created, but in practice it meant that Hungary was given only relative independence. After World War I monarchy ceased to exist. Social discontent with exisiting system led first to civil democratic and then to socialist revolution. After the defeat of Hungarian Soviet Republic in 1919 the country formally restored monarchy but there was no King and all state power was exercised by the governor (Regent). In 1945 Hungary was declared a republic. According to the Consti- tution of 194969 the country was called Hungarian People’s Republic. In 1989-1990 some changes in the system of political power took place: ruling Hungarian socialist party of workers refused to have a monopoly of power, and the multi-party system was introduced, the name of the republic was changed. Reorganization reforms have not been finished yet, nevertheless, the structure of the main organs of state power has already undergone changes. The highest organ of state authority is National Assembly, parliament of the republic.70 The Assembly elects the President of the republic and appoints the head of government - Prime Minister. The Cabinet of Ministers perform executive functions as well as the liabilities of the government.71 The territory of Hungary is divided into 19 counties. There are 108 cities, 6 of which including Budapest - the capital of the country - have the status of a county. In turn the cities may be divided into districts; thus, in Budapest there are 22 districts. Nowadays there are 1,077 rural councils, 700 of which have the status of so-called joint Councils, they perform their activity in 2281 villages while the others implement their activity in separate villages. Local authority organs are built up on two levels.72 The Councils work in the villages, towns and districts of the capital, in the capital itself, and in the counties. Depending on the village status the Coun- cils in the villages are subdivided into a village Council, an amalgamated village Council and a Council of a larger village with town rights. County Councils exercise control functions over local authorities composing the county. In Budapest city Council is a higher organ in relation to the district ones.

84 Counties, Towns, Villages

All administrative and territorial units of the country were the components of the state government structure. Their existence was defined by the Constitution. Each Council was a representative self-governing body. In towns and villages the members of the Council were elected by the local citizens via direct elections. The same procedure was typical for the districts of Budapest. From within themselves these councils elected representatives to higher organs of power, to county Council or city Council in Budapest. The Councils that were formed in the amalgamated villages had consultative status and could make their own decisions only in some spheres of life. According to the Election Act of 1983 the number of people in the local councils were not strictly established. All members of the Council were elected for a 5-year term. The candidates were nominated by the political parties and public organizations. The Council had its sessions at least 4 times a year. Its competences are defined by solving of such issues, as local funds disposing, which presupposes short-term planning and drawing up of the budget, determining of income out of taxation and loans for supporting activities in the area, adoption and assistance in implementation of plans and development programs, approval and observance of the progress of the general plan of the territory development, health system functioning, maintenance of population welfare, meeting the needs of people in the sphere of culture and services provision, order maintenance and local public security in the area. Due to the self-governing nature of Councils they had the right to solve the matters related to the formation of the organs of local administration and organization of their work, and to elect the chairperson and his deputy (deputies) from within the Council. The council appointed the chairmen of the created commissions and committees the functions of which were established by the executive committee. The chairmen mentioned were responsible for the preparation of the coordinated decisions, management organization and observance of day-to-day activity of the committees

85 and commissions under their supervision, and they also supervised local authorities’ compliance with the laws. Their supervision covered not only the departments of executive committee but also local enterprises, bodies of the Council dealing with the letters and appeals from the population. The task of these organs was to help eliminate shortcomings and apply some correspondent sanctions if necessary. Administrative organs were subordinate to executive committee and Council. The higher organs of authority directed the activities via their subordinate executive committees (i.e. all directive solutions were transferred to the inferior bodies via corresponding executive committees). As for the departments and other administrative structures, in Hungary they did not form any hierarchic structure, which was very typical for a number of Eastern-Europe countries. General guidance was exercised via the parliament and Council of Ministers. Financial means of local authorities were formed at the cost of their own sources of incoming, state subsidies (shared revenues) and state grants.73 Among their own sources there were personal taxes,74 land rent, recreation and culture facilities rent and other incoming established at the local level.75 Returns from taxation of local enterprises and cooperatives (including agricultural ones) formed so-called “shared revenues”, i.e. the revenue that is shared among central and local budget.76 Before the reformation the county Council could impose deductions on local Councils and redistribute income between local administrative bodies within the county. Central budget grants for certain purposes, such as housing construction, construction of hospitals, schools, etc., were not the biggest part of local budget. Each council was obliged to develop a five-year financial plan and annually formed and pass a budget.77 Council expenditures were of two kinds: current budget (expenditures on culture, education, health care, social security, infrastructure development, administration) and capital expenditures. While preparing the next five-year plan for 1986-1990 there were some intentions to eliminate all differences as soon as a new Act on Local Authorities Financing comes into force. Also, it supposed that the law mentioned should increase the efficiency the local authorities’

86 activity and ease vertical subordination of local government organs to county ones. In November 1989 the government of Hungary debated and adopted the new concept of Local Government Law as the basis. This law absorbed many of the existing ideas of local government reorganization and developed them, thus giving considerable independence to local government organs in taking decisions concerning the territory under control provided this independence makes no harm to the national interests. According to the law, multi-stage government system should be replaced by the system of self-government of localities.78 In accordance with Chap- ter IX of the Constitution of the republic of Hungary “On Local Self- Government”79villages, cities, the capital and its districts are vested with the right of administrative self-government.80 Self-government is exercised via representative organs elected by the citizens or by holding local referendum. Taking into account the demands of efficiency and provision of conditions of making decisions democratically the size of these organs is determined in the limits from 9 to 67 depending on the number of population. To ballot a deputy must have recommendations from 1 to 5% of the population participating in the elections. The elections are held on the basis of universal and equal suffrage via direct and secret voting. Local organs are elected for a 4-year term. Self-government organs realize the right of communal ownership and impose taxes within the law. They also have the right of independent cooperation, in particular to organize international associations to solve problems they are fac- ing. The mayor is the head of local self- government organs. The organs of local self -government are independent, have equal rights disregardless of the number of people they represent. The decisions of local importance adopted by them within the limits of their competence are final. The other organs of power may cancel these decisions only in case of the Republic Laws violation. It is intended to decentralize a number of administrative associations the amalgamation of which was made according to the decisions taken by the former government. The population of such villages (similar to them) will get the right to elect local self-govern-

87 ment organ and mayor, to make up their own budget at the expense of which all independent activity is supposed to be realized. The small localities that are unable to form their own apparatus may maintain joint administration of local government in cooperation with other organs of local government. There are three fundamental principles of local self-government functioning. They are: independence, democracy in exercising of power and judicial protection of the rights of self-government organs. According to the new law in the municipalities with 10,000 inhabitants or less, from the party lists of candidates the voters elect the deputies to local organs of power, and they also elect the mayor. In municipalities with more than 10,000 inhabitants half of the representatives to self-government organs will be elected individually and half of them from party lists. In these localities the mayor will be elected by the deputies of the local self-government organ. Only the candidate deputies who are able to collect the signatures of at least 1% of voters of their electoral district between August 27 and September 12 will be able to ballot. The candidates for a post of mayor must get the support of at least 3% of voters. The parties are able to put forward their party lists for the elections only if their candidates are represented in not less than one forth of electoral districts of one locality or another. The law guarantees the rights of national and ethnic minorities, in particular it is supposed that the list of minorities will be made up, and some certain privileges will be granted to the candidates from this list. To obtain those it is necessary to receive the simple majority of votes. The elections are to be repeated in case less than 40% of voter took part in them or if none of the candidates was not able to get 25% of votes.81 The Republic of Greece

Continent: Europe

National Name: Elliniki Dhimokratia

Capital: Athens

88 Area: 131,990 sq km

Population: about 8,74 mln. people, mainly Greeks. Ethnic groups: Greeks - 98%, Turks - 1 % , A l b a n i a n s , Armenians, Vlachs.

A Brief Historical Outline: 1973 – Greece was declared a republic.1974 – The country returns to democratic rule.

Geographical Position: The country is situated in the South-Eastern Europe. It occupies the southern part of Balkan Peninsula and adjacent islands (over 100). It borders on Albania, Macedonia and Bulgaria in the north, Turkey in the north-west. It is washed by the Aegean Sea in the east, the Mediterranean Sea in the south, the Ionian Sea in the west.

Political System: Democracy

Head of State: President

Languages: Greek (state), that is divided into Demotic (conversational) and Katharevusa (official); According to the law of 1976 the state language is Demotic; English, French.

Main Religions: Greek Orthodox Church - 98%, Catholics, Protestants, Israelites, Muslims.

Government Type: Republic

Greece

The model of state government, which is followed by peoples even now, appeared in the times of Ancient Greece. The concept, according to which the citizens have the right to manage their own affairs including allocations and participation in military service in the community interests, resulted in recognition of the union of the citizens,

89 i.e. demos, as the highest unit. That is how the term democracy, i.e. government of people, appeared.82 The cities-states of Hellas were divided into small administrative units known as “demes”, or in its modern understanding, as municipality. Such cities of Ancient Greece as Aegina, Kalymnos, Kos, Athens, Millet and some others were also divided into municipalities. They continued to be self-governed even under the Roman domination, Byzantine rule, in the times of the country’s submission to Francs, and Turkish yoke. In later times local authorities, so-called communities, were of great administrative importance and cooperated with each other in agriculture, industry and trade (e.g. Ampelakia in Thessalia used to be a center of 22 villages, Mademokhoria in Khalkidiki played the same role, and Hydra and Psara were important sea ports and business centers). These communities kept its autonomy even under Turkish rule. The 5th Revolution of 1821 paved the way for Greece to gain independence in 1830.83 In the XXth century the periods of wars and violent events were changed with the periods of steady development that resulted in establishment of the Regime of the Colonels in Greece, which lasted from 1967 to 1974.84 The referendum held after the downfall of junta restored democracy and abolished the institution of royal power. In accordance with the Constitution adopted on December 23, 1974,85 Greece was declared a republic where the president is elected by a unicameral parliament which has legislative power to full extent. The President appoints the Prime Minister. Usually he is a leader of the party that has absolute majority in the parliament.86 Administratively the country is divided into nomes,87 demes (municipalities) and koinotites (communities). Nomes were formed in the period of rise and development of a new Greek state, ten of them were created according to the Royal Act #3 of April 15, 1933.88 They are decentralized structures of the state government and they were established with the liberation of territories and their joining to the rest part of the country. At present there are 52 nomes. In their turn nomes are subdivided into eparchies (provinces), the certain geographic territories where the state performs its functions following the principle of decentralization. Each eparchy is also an electoral 90 district at the elections to the council of the nome. In some cases, e.g. on the Isles of Kos, Kalymnos, Karpathos and Lemnos in particular, eparchies may be administrative units. According to his official position of the head of the eparchy is subordinated to the chairperson of the nome. The main units of administrative division of the country, which are at the same time the units of local government, are the municipalities (there are 276 of them) and communities (there are 5760 of them). In order to overcome such a disunity, in 1984 (Act #1416) some methods of amalgamation of local organs of authority and creation of the “associations for the purpose of development” were suggested. The later act (#1622), adopted in 1986, introduced a special division within the nome; it is supposed that there should be merging of local organs of power within each region. The district of the city of Athens is governed on the basis of a special act (Council’s resolution #1147 of 1972), according to which nome is divided into 4 districts.89

Local Authorities (Demes and Koinotites)

Local authorities - urban and rural - act according to the Consti- tution adopted on June 11, 1975. It is worth mentioning that the fundamentals of this institution were laid in the laws adopted on December 27, 1833, February 10, 1912, in Council’s resolution #2888 of July 1, 1954, in President’s Act #9338 of December 31, 1975, in Law #1065 of July 21, 1980, and Laws #1416/84 and 1622/86 related to the municipal and community codes (of laws) accordingly.90 Municipalities are the main cities in the nomes and the cities with the population of more than 10,000 inhabitants. Some other less populated cities may also be recognized as municipalities under a number of circumstances, such as historical or geographical importance, etc. the communities are the villages with the population more than 1,000 people, having its own schools and budgets. Larger villages may also be recognized as communities due to historical and geographical traditions.91 On the whole municipalities and communities have unlimited 91 powers in the issues of local importance provided their solution does not contradict with the Constitution and other legislative acts of the country. In the sphere of activity of local authorities that are vested with such broad powers there are such questions as water supply and melioration works, maintenance of roads, squares, bridges, public parks, woods, recreation zones, beautiful natural landscapes, markets, sport facilities, youth center, waste collection, keeping up tidiness in public places, cemeteries, city transport, parking lots, cultivated lands. Municipalities and communities may expand this circle of duties if they include the solution of the problems of common character touching upon local social, cultural and economic interests. Thus, they may take part in the decision of such questions as tourists’ admission, provision of accommodation for lower prices, places for recreation, health care and medical services, cultural services, irrigation works and recultivation of lands, underground water removal, creation of industrial and commercial enterprises, city plan development and other activities of the kind. Act #1416/8 provides an opportunity of transferring of some competences of the nomes to the inferior authorities and making special contracts for development planning implementation between municipalities and institutes or state organizations dealing with such problems.92 The municipalities and communities are vested with collaterally subordinated and joint authorities on general administration of corresponding territories: development of common rules of behavior, fire brigade formation, publishing activity regulation, etc. Such issues within the competence of local authorities, as, for example, development of standards for public buildings construction, are also considered by the government. Each municipality and community elects its own council by secret ballot on the basis of universal suffrage. Among all the municipalities and communities with the population over 5,000 people, the list of candidates, for which an absolute majority of votes is received, is considered to be the winner. To win in the rest of communities it is sufficient to gain relative majority of votes. A number of Council members varies from 11 to 41 in the municipalities and from 7 to 11 in communities. All of them are elected for a 4-year term. The leader 92 of the candidates whose list has won the elections usually becomes the mayor in the municipality or chairperson in the community.93 In general the obligations.. of the Council are to draw up its own budget and report on its performance, to supervise those institutions and establishments that are under control o f the Council, to work out the policy within its competence, to make decisions on tax rates, sizes of allocations, payments, dues, loans, to take decisions on the projects of local construction, to establish and administrate public enterprises and take part in their activities (according to Act 1416/84).94 At the request of the mayor the Council prepares recommendations related to all issues affecting the interests of electoral district. In the municipalities the Council elects its own chairman while in the communities this function is vested to the elected leader heading the list of candidates who won the elections. The main executive person in the municipality is mayor. He represents the interests of the municipality in court and other official authorities, and he also is responsible for execution of the decisions of the Council and presidium, the committee at the mayor’s. In addition, the mayor supervises the work of municipality’s services and its apparatus. The head of the executive power in the community is its Council’s chairman. He carries out the Council’s decisions, represents the interests of the community in court and other official authorities, is a manager of the communal services and a supervisor of executive power. The mayor (or the chairperson) also fulfills a number duties that are determined by special articles of the Code of Laws on municipality and community authority or other legal acts. There are two types of such liabilities. First of all, they are administrative duties that are vested on him as on a state official who is responsible for resolution and prefect’s addresses issuing and acts of civic statement. The sec- 93 ond type of duties are the ones that he fulfils as a representative of the municipal authorities. In the municipalities with the population over 10,000 inhabitants there is a so-called committee at mayoral level with a number of people from 3 to 6 appointed by the mayor. Some of its functions are of an optional nature, and others are of an obligatory character, they touch upon such matters as preparation of the budget project, control of the state of annual budget execution before the Council’s considerations, making decisions on local funds distributions, and other matters. The apparatus of assistants helps the mayor to perform his functions; the selection of these assistants is done, as a rule, on a competitive basis. In the large cities the manager, i.e. executive secretary, is the appointed; he as well as his deputy, if such a position exists, holds a contract. According to the rules of Law 1270/82 the large cities may also elect district Councils, and the rest cities elect community Councils. However, these Councils have a consultative status, restricted to local issues consideration.95 Within the competence of local authoritative organs there is determination of payments and tax collection and also some other means with the purpose of its functioning provision and solution of the tasks set. An exclusive right of local authorities to collect taxes covers such areas as gambling houses, pastures, drinking water supply, usage of measurement and weight system, funeral services, parking lots, petrol selling licenses, non-finished building of real estate, beer, advertising, construction licences, tenants and hotel clients, income from the works completed, city boundaries extension, changes in urban planning, the use of light and pavements, water supply and irrigation works, the use of land and services, waste disposal. Tax collection is mainly done by the central government on behalf of the local authorities, except large municipalities with the financial department in each of them. In a number of cases the taxes determined by the local government are collected in addition to the ones relevant to the central funds. De- ductions to the local budget from the sum collected are determined by the Ministry of Internal Affairs in proportionally to the number of 94 people living on that territory. Such joint taxes are charged for water supply, property inheritance, donation, contribution, etc., immovable property surrendering, beer, goods import, local enterprises with local municipal government share holding, water treatment, agricultural product sales, vehicles (up to 15% of all incomes of taxes mentioned is transferred to the budget of local authorities).96 In addition, local authorities receive two kinds of grants from the central government: for current conducting of business and for capital construction. The funds for current conducting of business are formed at the expense of the interest from the balance of the funds annually paid by the local authorities to the account providing loans and financing and are distributed on the basis of the formula that takes into consideration the number of people, financial state of affairs, specific local conditions. Subsidies for the capital construction are given for the program public investments through the Funds of the nomes. Subsidies are also provided by different ministries and Fund of the nome according to a special decision of its board. Finally, local authorities may receive a grant from the state, any state or private organization, legal entity or foreign credit organization, though it is worth mentioning that such an opportunity in practice of Greek local organs of power has not been used yet. The main items of expenditure are payment of salary, pension, reimbursement and allocations for the social security of municipal employees, water supply, street lighting and clearing, transportation services, repairing and maintenance of facilities that are owned by the municipality, investment activities, to pay interest and amortiza- tion. Central government controls the activities of the municipalities. All the decisions of local bodies of authority should be presented to a superior organ of power - nome - to check their legality, and in some cases to control the expenditures. The latter decisions concern the expenditures for which local authorities are responsible, or such actions that may lead to local authorities’ dispossession, and some deals entailing great risk or the ones that are not acceptable because of one reason or another, e.g. letting the facilities for a 30-year term, transactions not declared in advance, sales, contracts without invit- 95 ing participants to bid for those, mortgages. The approval of the decisions made on any of the areas mentioned is given by a prefect in 30 days since entering. On the expiry of the period it receives approval automatically. In municipalities with the population of 50,000 people all regulations, procedures and instructions passed by local authorities should be approved by the prefect of the nome (Act of Government ¹ 331 of September 3, 1983).97 While exercising legality control any of the cancelled decisions must be explained within 20 days of its entering the superior organ of power. The same procedure is used to consider an appeal of the voter of this district (or of any of the parties) whose interests are affected by the decisions of the local authorities. Accord- ing to the procedure of making an appeal, this appeal depending on degree of its importance, may be considered by the prefect, State Council or an appropriate ministry. Special attention is paid to financial issues. All incomes and expenditures of local authorities are analyzed by a special legal organ, inspection commission that may demand payment for obligatory articles or even abolishing of illegal expenditure articles.98 Many of the services that should be provided at the municipality and community levels are, in fact, carried out by the central authorities as local organs of power are not able to fulfill them owing to financial weakness and a small number. It concerns carrying out of works on public enterprises construction, water supply system, local electric and heat power stations, sewage, roads, bridges. However, municipalities and communities are provided with certain technical and financial aid, mainly, through the departments of engineering and technical assistance which can be found in each nome.

Nomes (Nomoi)

As mentioned earlier, when creating a new state in Greece in 1830, nomes providing administrative power of central government in provinces were formed. The head of the nome is a prefect appointed by the government who acts as a coordinator of all central programs recommended to local organs for implementation. The prefect relies 96 on the assistance of the Council of the nome, one part of which was elected and the other one was appointed. One or two representatives of each eparchy (with the following replacing) used to be affiliated to the Council for a two-year term. Law ¹ 1622 adopted in 1986 introduced electivity of all the members of the Council who elect the chairperson from within its membership. Though such elections haven’t been held yet, this law determined the broad authorities of the prefect of the nome:99 - development and introduction of changes into investment policy program of the nome; - approval of the program of the Fund of the Nome, Fund of forest and agriculture development, Fund of port facilities and the programs of other public structures acting within the nome as well; - submission of offers on the inclusion of works carried out by the other enterprising organizations - state or private - and the projects of Agricultural Bank executing on the territory of the nome into all- state and regional programs; - approval of the project, annual budget of the Fund of the nome and introduction of changes and additions into it; - study of questions related to decentralization of management and strengthening of authorities of local organs of power in the nome; - study of public service work, management of organization related to the competence of the nome and development of the offers of how to improve their activities as well; - study and provision a report on the questions of development, social security, culture, etc.; - making critical remarks on the proposals of central government and other financial organs to allocate subsidies and grants to the municipalities and communities. In 1986, according to Law ¹ 1622, some new administrative units - regions, were introduced, their functions are limited to the planning of social and economic development. General secretary of the region is appointed by the central government. Â ñâîåé äåÿòåëüíîñòè he relies on the help of the regional council, consisting of appointed and elected members.100

97 The Kingdom of Denmark

Continent: Europe

National Name: Konneriget Danmark

Capital: Copenhagen

Area: 43,000 sq km

98 Population: 5 , 2 mln. people, mainly about 98% Danes, about 5 0 , 0 0 0 , 2 0 , 0 0 0 S w e d e s , 1 0,000 Norwegians.Also in Denmark there are Turkish, Somali, Ethiopian and Pakistan communities.

A Brief Historical Outline: By the middle of the Xth century Denmark, consisting of a number of small tribe kingdoms, united into one state. 960 – Christianity adoption (King Harald I). 1018–1035 – When King Canute I was ruling the country Denmark subdued the lands of England and Norway for some time. 1219 – Conquest of the southern coast of the Baltic Sea and Northern Estonia. 1367 – 1370 – The War between Denmark and Ganza ended unsuccessfully for the Danes. They lost exceptional influence on the Baltic Sea. 1397 – Calmar Union of Denmark, Sweden and Norway in a single state under Danish Kings rule 1460 – joining the German territories of Schleswig and Hol- stein to Denmark 1660 – Numerous wars with Sweden resulted in the loss of the southern part of Sweden (Skene) and a part of Norway by Denmark. 1814 – Dissolution of Dano-Norwegian Union. Denmark kept Iceland, Faroe Islands, and Greenland. 1864 – War between Denmark and Prussia and the loss of Schleswig and Holstein. 1914 – 1918 – Denmark kept neutral in World War I. 1940 – The country was occupied by German - fascist troops. 1945 –Denmark was liberated by the British army. 1949 – The country joined NATO. 1951 – Treaty on joint defense with the USA and construction of American military bases in Greenland. 1972 – Denmark is a member of European Community. Queen Margrette ascended the throne.

Geographical Position: In the north-west of Europe, the southernmost Scandinavian country. The only mainland boundary is in the south with the land Schleswig and Holstein,

99 Germany. In the north it is washed by the S k a g e r r a k S t r a i t , in the east by the Kattegat Strait, i n t h e s o u t h b y the Baltic Sea, in the west by the North Sea. Denmark is sit - uated on the Jutland Peninsula and a large num - ber of islands of the Baltic and North Seas, a m o n g w h i c h the largest are Zealand, Funen, Lolland, Falster, Born - holm. Greenland and Faroe Islands h a v i n g t h e right of self-government, belong to Denmark.

Head of State: Queen Margrette II (reigns since January 14, 1972).Head of the government is Prime Minister.

Languages: Danish

Main Religions: Lutherans-Evangelists - 90%.

Government Type: Constitutional monarchy since 1849.

Denmark

Denmark is one of the smallest, but the most densely populated countries of Europe. Due to its geographical position it has historical links with Scandinavia in the north and continental Europe in the south. Since the XIV century Denmark, Norway and Sweden were the parts of the United Kingdom. This continued until Sweden and later Norway in 1814 became independent states.101 Denmark is a constitutional monarchy102 with a unicameral parliament that forms the government and appoints the Prime Minister.103 It a modern developed country where three quarters of population live in the capital of the country - Copenhagen - and its suburbs. The basis of Danish political system was laid by the Constitution of

100 1849.104 Besides, the Constitution guaranteed certain independence to local organs of power that at that time acted within the frames of church parishes. Later the system of local organ of power covered on counties and later city municipalities. By 1950 it became necessary to increase the rate of unification in the system of organization and government of local authorities. The system of organs of power was under study during a certain period of time, this resulted in a number of reforms held at the end of the 60s, they were based on three conclusions: it was necessary to create effective, financially independent local structures; it was necessary to subordinate the city to a unified organ of authority; municipalities amalgamation should be done with taking into account the readiness of local structures for this process.105 With the adoption of Law on local government reform on April 1, 1970 the amount of counties was reduced from 24 to 14 and the number of municipalities from 1388 to 275. At present, each municipality is included into one of the counties, and each county unites from 5 to 32 municipalities.106 The reform held did not touch the city and county of Copenhagen and municipality of Frederiksborg that have a special status. They are governed according to Law of Greater Copenhagen and Law of regional planning in the district of Greater Copenhagen.

Municipalities, Counties

Simultaneously with the implementation of the law on reform of local government a new law on local organs of power (Law ¹ 223 of May 31, 1968 and further amendments) was adopted. Thus, more simple, systematized and improved rules defining the structure and activities of local authorities and their organs were laid down, the differences between urban and rural organs were eliminated and a number of special recommendations for municipalities and counties were developed. An important aspect of this reform was redistribution of the tasks set to central, regional and local organs of authority on the basis of the principle according to which the responsibility of every level of 101 authority should be restricted to a concrete sphere of activity. It was defined that the solution of the general problems meeting the needs of municipality falls within local competence, the decisions referred to a larger geographical area should be within county competence. The tasks set to local authorities are divided into obligatory and optional. Among the obligatory tasks there is tackling the tasks of social nature, such as giving help to unmarried mothers and invalids, arranging work of round-the-clock kindergartens, distribution of unemployment compensation provided by the central government. To accomplish the tasks set to them counties and municipalities rely on corresponding institutions. Among the duties of local government there is organization of school education; in addition, municipal organs are responsible for primary education, counties for incomplete secondary education and jointly they are responsible for secondary education providing. As for health care, all the hospitals are under the authority of counties that pay for the work doctors-practitioners. Municipalities are responsible for everyday medical care (policlinics), dental service and care of patients at home. The constructions of roads and maintenance of their working conditions fall within competence of the local authorities of all levels. Distributions of functions are defined by such a category as an importance of the road. Local authorities also bear responsibility for the environmental conditions, planning of the development of its electoral ward, waste disposal, waste water purification and water supply. To maintain the quality of drinking water is the duty of central government. Besides, municipalities and counties are in charge of the issue of unemployment growth prevention, especially among the youth and the people who cannot find a job for a long time. Local authorities also solve the problems that are not of an obligatory character, such as development and maintenance of cultural and sport facilities, development of the net of local transport services, creation of public (municipal) enterprises and observance of the state of economic development of its area. On the basis of universal suffrage and proportional representation every municipality and county elects its Council with authorities for 102 a 4-year term. On its own the Council determines its membership, that is, however, restricted to the limits: from 5 to 25 people for the municipalities and 13 to 31 for the counties and the cities of Odense, Erhus and Aalborg.107 The Council elects the mayor and one or two of his deputies for the whole period of their authority from within its membership. The mayor performs dual duties - work as chairperson of the Council and manager of the local executive organ of power. Besides, due to his position the mayor is also chairman of financial committee. This committee is the most important in the system of local organs of authority as it bears the responsibility for making financial reports, order of spending funds and the whole system of financial administration in electoral ward. Besides the financial, Councils create some other committees necessary for current work. Their composition and sphere of activity is determined by local legislation. On behalf of the Council these committees make decisions on all current matters and prepare the most important issues for discussion and adoption at the Council meeting. In addition, Council may create the committee for some special question consideration. Local authorities play an important part in the whole system of public economy. The right to determine the size of taxation on incomes and to less extent on property provides the main proceeds to the local budget which includes different allocations and interest returns (from the funds of local organ of power in the bank). Though about 50% of local budget is formed at the expense of subsidies, including the categorical grants of central government allocated, first of all, for the program of social development realization.108 Before 1987 social security of citizens was implemented through municipalities and counties, besides, some funds were given as a categorical grant by central government.109 The Danish parliament - the Folketing - passed the law that introduced changes in the system of financing of a number of social services and directed to the further improvement of the system of self-government. According to the stipulations of a new law, social security remains the task of local authorities, at the same time the 103 system of categorical grants is abolished and the practice of allocation of general subsidy to local authorities is introduced. After the reform of 1970 this change of financial legislation referring to the replacement of categorical grants to the tune of 11 mln. Danish krones with the general subsidy became the most resolute innovation in local authorities’ financing.110 Among important theses of this reform are the following: kindergartens and local system of public medical care should be fully financed at the expense of local funds; social security fro senior citizens at the age of 67 and under is provided jointly by the municipality and county, the homes for elderly people (over 67) are financed from local funds.111 Municipalities and counties accepted these changes positively because the refuse of special financing and the transition to a general system of subsidies was in accordance with the concept of local self- government and the importance of close interrelations between the process of decision-making and economic responsibility for that. The transition of local authorities to a new system of financing of their activity took part with gradual progress following the implementation of local reform. As far as Law of 1970 is concerned, it envisaged setting of two types of general subsidies: 1. Subsidies directed to equalization in the incomes from taxes based on the common starting point that presupposes compensations to municipalities in their losses in income provided that the tax base they have at their disposal is less than average in the country (at the level of reimbursements of 50% on 1986). The difference was financed partly at the expense of municipalities with the returns from income higher than the average level, and partly at the expense of grants of central government. 2. Determining of the size of targeted subsidies is based on such criterion as ratio between covering the needs at the expense of local resources and the expenditures demanded. In the formula on the basis of which all the calculations were settled up took into account total size and age structure of the population, salary and wages structure, peculiarities of living conditions, road length and total 104 square of the electoral ward’s area. However, this process of financial system improvement is still continued and there is a turn to change the system of general subsidies. The reform of 1970 also presupposes the scheme of help in solving of specific problems of small municipalities, first of all, small islands are meant. Distribution of corresponding funds is done by the Ministry of Home Affairs in the presence of request for subsidy granting.112 The observance for the activity of local authorities in the counties and also in the cities of Copenhagen and Frederiksburg is entrusted to the Ministry of Home Affairs, when at the same time such type of activity in respect to municipalities in each county is performed by a special commission. The commission is headed by the county governor who together with four its members elected by the county Council from within itself acts as representatives of the central organs in the counties. The Minister of Home Affairs may interfere in the affairs of the commission only in the presence of a complaint from some certain members of it or municipal Council. Any Council acts in accordance with the procedure rules adopted and approved by the Minister of Home Affairs. These rules may differ from the regulations sent by the ministry only in exceptional cases. Though such cases are rare, if the Council acts contrary to law, the superior authorities have the right to apply sanctions that presuppose cancellation of the decision made by the Council, imposing of fines and even calling the members of the Council to administrative account. The superior organ also has the right to check the financial activity of the inferior bodies of power, particularly the activity concerning loans, guarantees for acquiring and selling of property. Within the competences of superior authority there is an approval of joint actions of local organs of power in making decisions on some questions. State control is exercised in respect of those functions of local authorities that are liable to obligatory performance. It is , first of all, long-term planning of the development of social security, territory, maintenance of transportation, harbors and roads, nature and environment protection, use of natural resources. The actions on performance of obligatory functions stipulated in law are not sufficient, so planning in the named spheres of activity obtains pri- 105 mary importance. It allows the central government to keep up with the course of events of local problems and needs to get over them. Moreover, the government adopts regulations liable for performance and also spreads approximate by-laws and other documents.

The Irish Republic

106 Continent: Europe

National Name: Poblacht Na h’Eireann

Capital: Dublin

Area: 70,283 sq km

Population: M o r e t h a n 3 . 5 m l n . p e o p l e . Ethnic composition is Celts and a small number of Anglo-Saxons

A Brief Historical Outline: O n A p r i l 1 8 , 1 9 4 9 t h e c o u n t r y became an independent republic

Geographical Position: The country is situated in the north-west of Europe, on the island of Ireland. In the north it borders on Northern Ireland, which is a part of Great Britain. It is washed by the Atlantic Ocean.

Political System: Democracy

Head of State: President

Languages: Irish (Gaelic, the language of native inhabitants of the country is being restored, it is still spoken by the minority), English (both languages are official ones).

Main Religions: Catholics - 93%, Protestants - 4%.

Government Type: Parliamentary Republic

Ireland

The Irish Republic consists of 26 (out of 32) counties of Ireland, the island which is situated to the west of Great Britain. The Republic of Ireland comprises 26 of 32 counties of Ireland, the island situated to the west of Great Britain. After signing the English-Irish agreement in

107 1921 all these counties formed the “Free State of Ireland,”113 which to a considerable extent became independent from the British rule. In 1937 the Constitution of the country was adopted.114 Nevertheless, Ireland continued to remain in the British Commonwealth until 1949 when the Irish Republic was formed. The rest 6 counties remained in the composition of Great Britain and are known as Northern Ire- land. Before 1922 both parts of Ireland - Northern and Southern - had a common system of local government, similar to British in many ways; 32 counties were organized in the period between XII and XVI centuries to perform legal and military functions. Their formation was followed by the development of governing structures in the counties, their activity was directed to the construction of roads, bridges, hospitals and prisons. The cities acquired a municipal status in accordance with royal acts that granted their citizens the right to create their own legal unities, so-called corporations. Corporations realizing their interests through civic officials (mayors, bailiffs, clerks, etc.) and Councils administered the affairs of larger cities administratively equivalent to counties (boroughs) and provided the activities of the main services, e.g. police, street cleaning, water supply, etc. The formation of modern types of local government began in the XIXth century in connection with the development of the institutions of citizens’ representations. In order to hold a reform in the boroughs by Law on municipal corporations of 1940 elected Councils - urban and rural - were introduced, they were imposed with the duties to take care of the poor and provide medical service to the population. The final stage of democratization of the governments in the counties was fulfilled after the adoption in 1898 Local Government (Ireland) Act . The Councils of counties and boroughs inherited the administration from former organs of authority - non-representative large juries. When the country became independent in 1922 the new government continued reorganization of local administration and considerably reduced the number of local organs of power. To appoint officials to superior organs of authority a new central administration was created. The actions taken resulted in the existence of unified structure of organs of local power in Ireland. From 1329 to 1942 authorities of 108 local bodies in cities and counties were expanded on all structures of local government, namely 5 cities and 27 counties (in one of the counties there are two county councils).115

Counties, Boroughs (City districts, Cities)

The main units of local government in Irish structure are 27 county Councils116 and 5 city Councils (they mean Cork, Dublin, Galway, Limerick and Waterford). It is the superior tier of the system of local government. The lower tier includes 83 organs of power of small towns (they do not have the status of county), 49 Councils of urban districts and 28 boards, 26 commissariats that exercise general control over the towns. With the exception of the last structure, all the others have the authorities to make decisions and exercise a wide range of services at the local level. 117 The first phase of the considerable reorganization of local government in Dublin and adjacent suburbs was held in1985 and consisted of the introduction of three new constituencies instead of Dublin’s county council and the city of Dun Laoghaire-Rathdown. The following stage supposed to create three new administrative and territorial units of the counties that will correspond with these constituencies and to hold the elections to county Councils. In addition, the steps of transitional period that will coordinate the actions of the existing Dublin’s city council and new county Councils within the limits of Greater Dublin were outlined. The Irish Constitution of 1937 like the earlier Constitution of 1922 did not contain provisions which provide for the activity of local authorities.118 In the communities also the functions of local authorities were determined. Thus, local authorities carry out their activities and determine their rights, tasks and duties on the basis of parliamentary acts regulations issued according to the authorities of the parliament and by-laws developed by the local organs of power themselves and that do not always require the approval of central authorities. The structure, activity organization and authorities of ruling local organs of power - of five cities and larger cities that do not have the status of counties, - municipal corporations - is based on the laws of local 109 importance. In other regions the legal basis for the local authorities’ activity is a number of laws of general content that influence all the levels of local power. Local authorities’ powers, vested in accordance with the law, are various and broad. Among the most important determining the powers of counties and boroughs there are such powers as provision of the right and planned development of subordinated territories; maintenance of cultural monuments (within the frames of urban planning); environment protection; provision of water supply, sewage purification facilities, lighting of places of public use, waste disposal; construction of roads, housing, creation of public libraries, maintenance of firefighting service, provision of measures of civil defense. Local organs of power are vested with some duties on development of the system of school education and tourism. By issuing restrictive regulations and the system of licensing local authorities regulate different activities in their county. In some rare cases they act as representatives of central government; in the first instance this relates to transport tax collection. Sometimes local authorities unite their efforts creating administrative organs that act on behalf of the central government in the concrete sphere of activity. According to the stipulations of Local Government Law (stipulations on planning and development) of 1953 the Ministry of Local Government Affairs is obliged to carry out research in the field of territory planning an the request of local organs of power. Also, regional organizations are created to support tourism. Besides, the representatives of the local authorities are the members of the controlling body that observes this sphere of public life.119 In 1971 health care including hospital services which used to be one of the important sectors of activity of the local authorities was transferred to regional government. According to the law on health care adopted in 1970, 8 regional centers of health care were created, their boards comprise appointed representatives of cities and counties and also elected to it employees of the health care sphere. Three members of each board are appointed by the Ministry of Health.120 The structures responsible for planning and territory development are referred to the services of local government also functioning on 110 the regional basis. Thus, 9 regional planning organizations were created (RPO performs mainly consultative functions. RPO includes the group of cities and counties (a county is a region itself). Each organization has its director, its personnel is formed of the employees of the departments of planning and development situated in this region. From within its members the Council elects the mayor (or lord-mayor in the boroughs) and his deputy; the mayor’s tasks are to run the Council’s meetings, in his absence his deputy or specially elected member of the Council is vested with this function. Mayor and his deputies are full-time (payable) members of the Council while the other members of the Council may receive either travel allowance or reimbursement for carrying out the duties vested. The law requires any organ of local authority to have a certain minimal numbers of meetings per year. County Council should hold 6 sessions a year including annual and report-back sessions. Usually they are held more often, approximately once a month. Moreover, at the demand of five deputies of the Council the special session is called.121 For the city regional Councils it is settled to hold annual and report-back sessions and monthly sessions as well. City Councils should hold should hold at least annual and monthly meetings. Irish local authorities do not have executive committees in their structures but they create obligatory permanent committees and determine their functions that to a certain extent that go beyond the limits of usual tasks of local authorities. Those are committees on professional education, county agricultural committees, committees providing pension for the elderly, committees on school affairs. In general all committees perform advisory functions unlike the similar committees in Great Britain where they carry out executive functions on the local level. The responsibilities of the Councils cover three following spheres of activity. The first is making decisions. This is done by working out the cor- 111 responding resolution on the issues of the main policy of the Council. Making decisions implies adoption of development plan and formulation of a long-term program of house construction; control of finance in such areas as giving credits, defining current expenditures and local tax rate for each year in order to provide the balance of expenses and receipts; adoption and approval of regulations within the Council, and also elections of committee members. The second is approval of the decisions that the manager takes in such spheres as confirmation of the personnel of municipal employees and introduction of changes in it, and also placing a ban on the manager’s decisions on the capital construction projects and suspension of expenditure on such work. The third is general control over the activity of the manager and the functioning of the local organs of power on behalf of the Council may be expressed in suspension of the powers of the manager or, with the consent of the Ministry of environment affairs, in discharge from the post. In addition, the Council has the right to ask for additional information before allowing the manager to perform specific functions going beyond the limits of the administration of municipal employees and if necessary to exercise the guidance of the manager in realization of a concrete task. Executive power in the borough is concentrated in hand of the city manager, and in the county - county manager. Among the functions of the latter there is a duty to act as a representative of executive power in each district or city that is a part of the county and has its own Council. The manger is a professional administrator. He is appointed by the Council on recommendation of Central commission on the appointments of local administration that recruit and prepare candidates for this post. Usually managers hold their post for life until they retire at the age of 65 if only he is not removed from hi post with the consent of the Minister environmental affairs.122 The task of the manager is to provide the Council advisory and other services in its work and to provide everyday administration of the local affairs. The manager may also carry out the duties of any position in the organs of local power if it is not reserved by the members 112 of the Council, in addition, he undertakes obligations to follow the guidelines of the Council. On all principle matters the manger issues acts. All acts are registered in a certain way and should be available to the members of the Council. Any of the functions the manager may devolve on the official of the local body of authority confirmed by an appropriate minister of central government. Being solely an official of the local organ of authority, the manager in Ireland does not perform the functions of the representative of the central organs of power. Irish local authorities have broad powers in the questions of collection of additional (besides local taxes) allocations for the provision of different services the rate of which is established on the annual general value of immovable property. This value is determined by the representatives of the central evaluation department. Annually local authorities pass a resolution that establish general rate of payment from every pound of assessed value liable to taxation. Some certain types of property is exempt from tax either fully or partially though the responsibility for this undertakes the government. Such types of ownership are land and buildings that are occupied by the state establishments, agricultural lands and since 1978 the sources of water supply, secondary schools, farming buildings and halls that are in possessions of community.123Since 1945 city commissioners do not have the right to levy local taxes, funds allocated by the county Council are resources of finance for the limited functions.124 The towns that do not have the status of county, town districts that together with the county bear expenses providing different kinds of services, annually establish rent for the owners (those who use the property at this concrete moment). As for counties, they reimburse their part of expenditure (in service provision) from the local income fund, that consists of assessed value of property in the corresponding area.125 The Local Government Law of 1978 (finance stipulations) determines the whole list of exceptions from taxation for all categories of tax-payers, and also the order of compensations to local authorities for these exceptions at the expense of categorical subsidies. Thus, the government is the main tax-payer providing up to 60% of funds into local budget. According to the law the minister of environmental 113 affairs has the right to levy the upper tax limit; recently, however, he has not even once exercised his right.126 In addition to the taxes and categorical subsidies connected with them, which makes up to 36% of income entering local budget, redemption of loans and dues for the services provided (rent on the building where the councils are located, payments for water and market fees) are finance sources; they comprise about 24% of receipts. Moreover, the government allocates so-called special grants to local organs of authority (40% of proceeds) to implement categorical projects, such as construction of houses, roads, water supply, purification facilities.127 In certain spheres of their competence the activity of Irish local authorities are controlled by the central government. Controlling and advisory functions are vested to Ministry for the Environment, Heritage and Local Government (it uswed to be Local Government Department). It also provides technical aid and assistance in development of policy governing of correspondent territories. The same agency determines the forms of state financing of local organs of power; as it was mentioned earlier it may be subsidies and categorical grants. In all questions connected with financing it is necessary to have a preliminary consent of a ministry that is responsible for development and realization of a project which will partially be financed by the state. In addition, in this case the accounts of local authorities is checked by a special inspector appointed by the minister for the Environment, Heritage and Local Government who may fine officials if inconsistent with law or unsubstantiated expenses are found. Local authorities may make an appeal to the minister on such a decision of the matter. When realizing joint projects the minister for the Environ- ment, Heritage and Local Government has the right to dismiss the member of Council from performing his duties and appoint his own representative to take over a project. Administrative control and also, determined by law, the principals of realization of policy by local authorities are carried out by recommendations and circular letters. Some decisions of local organs of power especially the ones in which the authorities depart from 114 the developed rules of procedure and the ones that concern the questions of particular importance should receive an appropriate approval of ministers of the government. Besides, the decision may be cancelled if there is a party against it. As far as the legal control of the activity of local authorities is concerned, their actions should follow the set laws though modern legislature has more legal opportunities than it was earlier. If in their intention to fulfill their duties local organs of power go beyond their commission, the Supreme Court has the right to impose restrictions on their actions. If the local authorities break the norms established by law the case may be taken to court. These measures allow to call local authorities to bear their responsibilities to other parties for breaking and neglecting their duties. Special legislative stipulations presuppose the possibility of con- testing the decisions of local authorities by the party not agreeing with it. In some cases an appeal is taken to court, in the others to an appropriate minister or a special organ of appeals. Local Government Law of 1976 (stipulations on planning and development) supposes the creation of Council on Planning under the guidance of the judge of the Supreme Court; the duties of this Council are to consider all the appeals on decisions of local authorities concerning planning. The Supreme Court has the right to reconsider even the decisions of the minister if the last went beyond his powers, i.e. acted without having legal basis for it.128 Usually local authorities cannot contest the decisions of the superior bodies. However, as any citizen they may act as legal entity and appeal to Supreme Court to pass a decision on the question in which superior institutions went beyond their authorities. The Republic of Iceland

Continent: Europe

National Name: Lýðveldið” Ísland

Capital: Reykjavik

Area: 103,000 sq km

115 Population: Approximately 2 7 6 , 0 0 0 p e o p l e , mainly Icelanders - about 99%. There also live people of foreign origin, mainly Danes, Germans, and Norwegians. More than 70% of population live in cities. A Brief Historical Outline: 874 – The first settlement of Norwegians in Iceland. Before that the island was uninhabited. 930 – The parliament of Iceland - Althing - was created 960s – Icelanders discovered the island of Greenland. 1000 – The expedition from Iceland reached the coasts of North America (Eric the Red). Christianity was peacefully adopted. 1262 – 1264 – Subordination of Iceland to Norwegian King- dom. 1397 – A part of Danish-Swede-Norwegian state (Kalmar Union). 1537 – Ruling of Iceland passed to Danish King. 1871 – Denmark granted Iceland home rule. 1918 – Denmark-Iceland agreement on private union (a common king, Denmark’s control over foreign policy and defense of Iceland) 1941 – An agreement on joint defense with the USA. Landing of American forces in the country. June 17, 1944 – Iceland was declared an independent republic. 1949 – Iceland joined NATO.1972 – An agreement with EEC on free trade.

Geographical Position: The state is situated on the island of Iceland in the northern part of the Atlantic Ocean.

Political System: Democracy

Head of State: President

Languages: Official language is Icelandic. English and Danish are also wide-spread.

116 Main Religions: In Iceland there is Evangelical Lutheran Church - 92,2%, other Lutheran - 3,1%, Roman-Catholic - 0,9%, others - 3,8%.

Government Type: Republic

Iceland

Iceland is an island state situated in the northern part of Atlantic Ocean. The conditions for people to settle here, at this latitude of the polar circle part of land, exist due to a war ocean current Gulfstream. The first settlers on the island were Scandinavians, Norwegians in particular, who brought here Celts, inhabitants of the British Isles. The typical feature of the local government at the beginning of development of Iceland was the assemblies of freely-born citizens. In 930 this form developed into General Assembly held its meetings annually in the middle of summer. Approximately at the same time the Commonwealth of people inhabited the islands was formed, it existed until the XIIIth century when the Icelanders passed under the rule of Norwegian King; then in1380, as a part of Norway, they entered the Kingdom of Denmark which ruled Iceland until 1944.129 Iceland is a republic. The highest body of authority is a bicameral parliament (Althing). The head of the state is the elected President. He appoints the Prime Minister who is responsible to the parliament for his activities. There are some traditions of local government that were formed long ago.130 The activity of the local organs of power is guaranteed by the Constitution.131 Their authorities and organizational structure, and also the order of financing of these organs are determined by the statutes ¹ 8/1986 and 8/1972 respectively. In addition to these a number of laws were passed concerning state subsidization of specific aspects of activity of local authorities and administration of local organs. These regulations are of either national importance, or relate to concrete territories.132 The main unit of local government is an urban or rural municipality. In the cities there are 23 municipalities and in rural areas -109. Ac-

117 cording to a new law (statute ¹8/1986), by January 1, 1989, 23 for the most part historical divisions stopped their existence as the elements of the local government structure, their authorities were transferred to the municipalities, and, wherever necessary, to inter-municipal associations. At the same time certain tasks that are under the central government control, such as public order protection (including police maintenance) and tax collection are solved within the region. Among the reasons which led to the formation of unicameral local authority was the fact that practically 91% of population in Iceland live in city communities that become stronger and more independent in working out local policy. This makes the administration of the community un- necessary and intervention of superior organs into its matters without any reasons. Besides, the order according to which small and large municipalities elected one representative for regional Council was estimated as violation of principle of democratic representation of people’s interests.

Urban and Rural Municipalities, Cities and Rural Districts (Braer, Ngarrag)

Each city and rural district elect its own Council on the basis of proportional representation, as a rule, all existing political structures participate in elections. However, in many rural areas elections are held on the basis of personal struggle of the candidates. The city Council usually consists of 7, 9 or 11 members, in the city Council of Reykjavik, the capital of Iceland, there are 15 members;133 the law allows to elect to the Council up to 27 people. In rural areas the Council may form 3, 5 or 7 members. All the Councils are elected for a 4-year term. Rural areas dwellers also elect their representative for the country Council.134 The city council elects a chairman from within its members, he runs the work of its sessions. Besides, it elects the mayor. It may be either a member of the Council or the inhabitant of the district who is not the member of elected organs of power. In each rural district they also elect a chairperson of the Council, and in the areas where more than 200 people live they elect the mayor. The functions of the 118 chairmen of urban and rural Councils differ only a little.135 The meetings of the Council are called regularly and are open to the public. Some Councils hold their meetings every two weeks, but the usual practice is once a month. The councils observe the expenditures of local financial funds, authorize annual budget and different regulations, issue licenses, and also prepare reports for the parliament and central government establishments on the questions that interest local authorities, and the legal regulations of which is concentrated in the center. In addition, urban and rural municipalities may independently or jointly with the other organizations of local or state level solve the following problems: - Provision of social services, such as everyday care for kids, help about the house, assistance for the families having difficulties, help to the elderly, organization of youth programs, creation of recruiting agencies, etc. Local authorities also pay illness allowance and contribute to the fund of helping the unemployed; - Regulation of questions related to farming, such as epidemic prevention, provision of forage, etc.; - Activities in the sphere of education and culture, particularly payment of the part of value on the construction and maintenance of local schools, including coverage of attendant expenses (teachers’ salary is paid by the state); teaching of adults, libraries maintenance, covering, partly or fully, of expenses of theatres, art galleries, museums, community centers, youth clubs, etc.; - Maintenance of roads in proper conditions; some funds for these purposes local authorities can get at the expense of subsidies; - Provision of medical care, observance of streets clearance, business activity and private enterprising inspection, observance of the food production and their regular supply, activities of hospital service, etc.; - Fulfillment of city planning and solutions of problems connected with it, e.g. development of standards for construction and proposals on construction planning; - Provision of firefighting protection and insurance against fire, civic defense; 119 - Patronage of social security of children through observance of the state of establishments for children; - Provision of quality state of open-air grounds, such as parks, play grounds, natural reserves; - Provision of water, electric power, heat- ing (these services may be provided by local authorities both independently, and jointly with the state); - Conclusion of contracts for constructions, estimation of real estate costs, houses construction; - Maintenance of ports and harbors; - Ensuring of employment; - Fulfillment of other problems depending on local conditions such as public transportation, etc. Local self-government law presupposes the creation of different committees by the Council, some of them are obligatory; the law determines the fields of their activity. The main committees deal with the issues of finance, social security, education, health care, public works, hiring communal employees and so on. Optional committees consider the questions having exclusively local significance; e.g. the questions concerning port maintenance. In addition, the Councils of lager cities create committees that act as advisory organs on different matters connected with the activity of the council. On all issues, except the ones that determined by the law, the committees bear responsibility to Council. Council has the right to change the decisions taken by the committees. If there is a conflict between the Council and committee the issue may be transferred to the correspondent ministry for consideration and final decision making. In the modern legislature of Iceland four financing sources of local authorities are determined:136 1. Property tax that is levied and collected by the local organs of power. 2. Contribution from the Fund for Assistance to local organs. The Fund consists of a part of state sales tax, customs duties, taxes on 120 special state enterprises, e.g. the ones that deliver alcohol drinks and tobacco to the market, and at the expense of imposing taxes on banks and oil companies. The means of the Fund are distributed among local organs of authority that have the rights to spend them to their discretion in proportion to the size of the population. Addi- tional grants are given to those municipalities that experience some financial difficulties. 3. Direct income and property ad valorem tax for the passed year, which is determined and collected jointly with the state tax administration. 4. Company turnover tax for the passed year. Its size is determined by the representative of state tax administration according to a special scale of taxes. This tax is collected by the local organs of power. In addition to this the state takes part in different business actions and activities at a local level, thus sharing the financial burden of local authorities. It also concerns such areas of activity of local organs of power as maintenance of secondary, technical and music schools, port facilities development, etc. Usually such expenses are of long- term character. Local authorities have the right to levy additional taxes on construction of roads and cinemas, on animals (sheep, cats and dogs), and also on payment of licenses and permissions for construction. They also can receive income at the expense of receipts from rent of public places, letting out premises, accommodation rent.137 Observance of the activity of local authorities falls within the competence of the Ministry of Social Affairs that develops regulating documents and confirms legal rights of some specific decisions of local authorities. The issues concerning national sphere of activity come within the competence of other ministries and departments, such as education and public health. If there are disagreements between local organs of authority controversial problems are submitted to either Ministry of Social Affairs or to the Court for consideration. Since 1945in Iceland there is an Association of Local Authorities, it is a voluntary organization uniting all urban and rural areas. Its purpose is to help local authorities in cooperation development within the country and achieve common aims. It represents the interests of local authorities entering interrelations with the government and in- 121 ternational structures, spreads information, provides local authorities with advisory services, promotes experience exchange in different spheres of their activity.

The Kingdom of Spain

Continent: Europe

National Name: Reino de Espana

Capital: Madrid

Area: 504,800 sq km

Population: The population of this country is a b o u t 3 9 , 2 m l n . p e o p l e . Ethnic groups: Spaniards (Castilians, Valencians, Andalusian, Asturias) - 7 2 , 8 % , C a t a l a n s - 1 6,4%,Galicians- 8, 2 % , B a s q u e s – 2,3%.

A Brief Historical Outline: 1939 – 1945 – Neutrality in World War II. 1953 – A military act of mutual assistance with the USA. 1956 – Spain acknowledges independence of Morocco. 1975 – The death of General Franco. Spain becomes Constitutional monarchy with the king Juan Carlos of Bourbons as a head. Democratization of social life in the country.

Geographical Position: The country is situated in the South-Western Europe and occupies a large area of the Iberian Peninsula. Spain owns the Balearic islands in the Mediterranean Sea and the Canary Islands in the Atlantic. It borders on Portugal in the west, France and Andorra in the north. It is washed by the Atlantic Ocean in the north and west, and the Mediterranean Sea in the east and south.

122 Political System: Democracy

Head of State: Êing Juan Carlos I of the Bourbons (reigning since November 22, 1975), The head of government is the Prime Minister Languages: Spanish (state), Catalan, Galician, Basque, Castilian, and Euskera.

Main Religions: Catholicism. Catholics - 99%, Protestants, Israelites, Muslims.

Government Type: Constitutional monarchy

Spain

For many centuries Spain, located in the western end of the Eu- ropean continent and Mediterranean Sea basin, was influenced by different political trends and cultures. At the dawn of its existence it was a Roman colony and then captured by Moors who left Spain only seven centuries later. Then there was a period of formation of small independent states with monarchic form of government that formally united only in XV century. This was the period of prosperity and the greatest power of Spain in Europe and the New World. Religious and economic wars and territorial repartitions put an end to the Golden Age of Spain. The country endured two civil wars that resulted in a significant lowering of its economic potential and authority. In 1931 the monarchy was eliminated and a republican government was established that as a result of bloody civil war of 1936-1939 was replaced by the dictatorship of General Franco.138 After his death in 1975 King Juan Carlos of the Bourbons dynasty became the head of state. The period of the restoration of democracy began. In accordance with the Constitution adopted in 1978 a new type of state government was introduced. Spain became a hereditary monarchy. According to the Constitution the King appoints the Prime-Minister and other members of the Cabinet.139 These appointments should be ratified by a bicameral Parliament – Corteses. Instead of a highly-centralized

123 system a new one characterized by decentralization began to form. Three levels of government were created: local including municipal and provincial, regional (autonomous communities) and central. The territory of Spain besides continental part consists of the Bale- aric Islands (the Mediterranean Sea), the Canary Islands (the Atlantic Ocean) and some small enclaves (the northern sea-coast of Africa).

Municipalities

Territorially the basis of Spanish municipalities is formed by ancient settlements. Many of them appeared after the Moors had left or were established on the basis of migration laws. Afterwards the borders of the settlements were formed under the influence of geographical and economic factors as the cities developed and under other changes in the structure of the society. At present there are more than 8,000 municipalities in the country. The legal status of the municipalities is expected to be finally formed only when autonomous communities will be able to regulate the activities of local organs of power to the full extent, though the main elements of their unified system were already founded in Local Government Law of 1985.140 Each municipality forms its Council of 5 people for the municipalities with 250 inhabitants and less and up to 25 people for the municipalities with 100,000 inhabitants with following inclusion in the Council of one more member from next 100,000 people.141 In addition, if there is even number of Council members one more is added. Members of the Council are elected by direct secret voting on the basis of universal suffrage and proportional system of representation for a 4-year term. The mayor is elected from within the members of the Council; it is, as a rule, the leader of the fraction that gained the majority of votes. In case there is no such fraction the local organ of power is headed by the political group that has more mandates. Direct elections of the mayor are also possible. The councils in the municipalities with a population of not less than 5,000 inhabitants may create their own boards consisting of the 124 mayor and the members appointed by him for the whole term of his holding the post. The board may include up to one third of the total number of the Council. In order to consider and prepare the questions representing public interest councils form commissions, but the right to make final decision belongs to the session of the Council.142 The mayor calls the sessions of the Council, draws up the agenda and chairs the meetings. Moreover, he draws up the budget, authorizes fund expenditures and presents balance sheets. The mayor protects the interests of the municipality on all legal affairs; imple- ments the decisions of the Council and leads everyday work of municipal employees. To help the mayor in his work mainly to control employees’ activity a secretary is appointed in the municipalities. He is elected from the so-called national contingent of employees who before being included there should go through competitive selection. This contingent includes also candidates for positions of municipal inspectors, treasurers, etc. The authorities of the municipalities are formulated in the laws in such a general kind that theoretically municipalities may undertake any action that is not specifically stipulated as referring only to the state’s competence. In practice this freedom is limited by the amounts of financial support coming from superior state organs. Municipalities are responsible for the maintenance of cleanness and the state of water supply and sewage, light, maintenance of parks and gardens, management of municipal property, funeral services and cemeteries, city public transportation, city road police, holding competitions and exhibitions, etc. Together with the superior organs of power municipalities deal with urban planning, housing construction, the issues of sports, education and culture, civil defense, tourism, maintain museums and monuments, beaches. Savings banks are also under their authority. The main income sources of the municipalities are: 1. tax on commercial activity; it is levied taking into account the location and volume of “business” on income and property (this source was originally in the hands of government); 2. assignments from the value of individual services; 3. state grants of a general character; 125 4. other assignments – incomes from property, loans mainly for capital expenditures, etc.143 The taxation system is constantly improving.144 The reflection of independence of local organs of power is the fact that municipality’s decisions require approval of higher authorities or consent in very rare situations. For example, the Council’s decision on holding a referendum should be approved by the government. The government is entitled to suspend the implementation of the Council’s decision in case it contradicts the law or affects national interests. An administrative court makes the final decision. In accordance with the regulations of a new law on local self-government the Council of Lo- cal Authorities of Spain was established in order to assist the contacts, coordination of activities and cooperation between central and local powers. It has legal status and account. Its governing bodies consist of representatives of state power, autonomous communities and local authorities. Among the tasks set for the Council are the following ones: elaboration of opinion concerning laws and regulations on local authorities, preparation of proposals to the government, investigations and practical work on the reform of local government system and also elaboration of criteria under which the support to local authorities is provided. In some regions of the country municipalities are traditionally divided into separate collective settlements. The roots of this tradition lie in a spontaneous settling of people in one or another municipality. Such settlements have their own characteristic features and names. Collective settlements represent an intermediate link between separate settlements and municipalities. These “sub-municipal” administrative units have legal status. Each of them is administered by the Council (or assembly) consisting of mayor and elected members. Lately small municipalities that make up the majority in Spain began to form their own inter-municipal assemblies in order to plan and fulfill public work and provide services on a voluntary or mandatory basis. They share the expenditures on keeping the secretary of this assembly and his staff. There is a number of other historically formed inter-municipal organs that manage common property. The law envisages also the possibility of forming regional associations 126 of local authorities. In addition, there exist four city territories – Madrid, Barcelona, Va- lencia and Bilbao which have their own special organs with authority to solve concrete problems concerning territories under their control. The future of these organs fully depends on the corresponding regional powers145. Provinces There are currently 50 provinces formed in accordance with the King’s decree of 1927 which historically goes back to the King’s decree of 1833. According to the Constitution the provinces represent municipal structure reflecting administrative and territorial division of the country and simultaneously an institution with its own legal status. The boundaries of the provinces take into account historical, geographical, language, cultural, religious and socio-economic factors. Any change within these boundaries requires approval of cortexes.146 In every province there is a Council consisting of the chairman and a number of councilors. There is an established ratio between the structure of the Council and the number of the population. With a population of less than 500,000 people the Council consists of 25 people, with a population more than 1,000,000 – 31 people and the Councils of Madrid and Barcelona consist of 51 members.147 The councilors are elected as members of the provincial Council on the basis of proportional representation. In their turn they elect the chairman and his deputy by absolute majority in the first voting and by simple majority in the second one.148 The chairman and up to one third of provincial councilors form executive committee. The Council also sets up a number of committees necessary for investigations and preparation of recommendations on various problems affecting public interest. Provincial authorities are involved in the maintenance of state roads, public health, agriculture and forestry, animal husbandry, assist in solving social problems, issues of culture, sport events and exhibitions. In addition, they also are responsible for providing technical and economic assistance to the municipal Councils in construction and maintenance of water pipelines and sewage, lighting system for 127 public places and firefighting service. The problems that are solved together with central state organs are referred to another range of responsibilities: the supply of water and electricity and establishing credit institutions. As municipalities the provinces may form associations to solve some problems typical for this region.149 In practice provinces (like municipalities) are limited in their activity by financial possibilities. The sources of financing of provinces are in many ways identical to those of municipalities, i.e. these are local taxes on private trade and services, property tax, general and categorical state grants and subsidies and also loans.150 State control over the activity of provincial Council and its staff is similar to the control of municipalities. Besides their direct duties the organs of provincial power fulfill obligations delegated by government. They take part in the municipal works subsidized by state, implementation of other technical services provided by state. The governor is a permanent representative of government in the province. He is appointed without term limitation by the Cabinet of Ministers on the representation of Ministry on territorial administration issues. The governor is fully responsible for management of provincial departments of institutions of central government organs. These institutions form provincial directorate that puts into practice the policy of central ministries. In his work the governor relies on help of a provincial government commission which holds the meetings in the form of plenary sessions or sessions of parties. The future of the provinces remains uncertain. Though the existence of provinces is stipulated in the Constitution their authorities are constantly changed that is reflected by happening at present the process of redistribution of responsibilities between different levels of state power.151

Regions (Autonomous Communities)

The decentralization of the government system at regional level began in the times of the Spanish Republic when in 1932 the status of 128 autonomy was given to Catalonia and in 1936 to the Basque country. This process was interrupted by the Civil War of 1936-1939. And only 50 years later the process of country division into 17 autonomous communities was finished.152 Some communities were formed on the initiative of the Councils of provinces in order to amalgamate either adjacent provinces with common cultural, historical and economic features or islands territories and provinces with a historically regional character. They were also created by the initiative of at least two third of municipalities representing the opinion of the majority of the population of a province or an island. The Parliament also played its role while forming communities on the territories that did not implement corresponding recommendations or did not enter the provincial structures. At the same time it was stipulated in the Constitution that under no circumstances autonomous communities may form federation.153 However, they may amalgamate on the basis of mutual agreement in order to manage territories under control or to implement common services in accordance with acting legal status of their territories. Any other inter-regional amalgamation is possible only in case it is approved by Corteses. Intermediate autonomous organs including regional assemblies were formed in every region. Their composition consists of representatives in Corteses elected from regions. Firstly, these assemblies adopted regional constitutions that were approved by all-regional referendum and then by Corteses. Each regional constitution takes into account individual, socio-economic, cultural and other conditions of the region, general regulations of the Constitution of Spain and the readiness of the central government to share powers and financing of the activity.154 They began to refer to the competence of autonomous communities the questions of changing municipal borders, regional and land utilization planning, housing construction, public works of regional importance, tourism, agriculture and forestry, animal husbandry, implementation of recommendations on environmental protection, internal reservoirs, preservation of monuments of local importance.155 Moreover, there are a number of responsibilities that are secured together with central state organs mainly by ways of transfer, delegation or substitution of these authorities from the 129 center to the autonomous community. Two principles were specially stipulated in the Constitution: 1. Culture development is one the main functions of the state.156 2. State legislation complements the legislation of self-governing autonomy in order to guarantee common interests.157By the middle of 1980s the process of transferring authorities from the center to the autonomy was practically finished. The court and the Parliament (legislative assembly) act in every region with their members being elected on the basis of proportional representation and universal suffrage for four-year term. The Parliament elects from its membership a chairman who then appoints the Cabinet of Ministers. Formally the appointment of the chairman for this position is carried through the King’s decree. The Constitution of the country guarantees financial self-sufficiency of the autonomous community158. Thus, each community has the right of independent tax collection (on property, gambling industry, retail trade, certain consumer goods, transfer of ownership, etc.), collection of a part of central taxes, amounts from inter-regional compensatory fund and direct grants (for example, building of houses). However, the problem of regional financing has not been finally solved.159 The central control over activity of autonomous communities is exercised by: 1. Constitutional Court. Supervises constitutionality of governing regulations adopted by communities having the force of law. 2. Government. Controls on the basis of consultations with the State Council. 3. Administrative judicial bodies. Control questions concerning regional government and observance of the laws. 4. Inspection Court. Supervises financial and budget issues.160 There is also the control of expenditures expediency. It is exercised 130 on the basis of a complaint to the president of the autonomous community concerning the violation of constitutional or legal requirements or in connection with actions contradicting national interests in case of taking necessary actions by central government. At a regional level the organs of government are supervised by state representatives. Every such person is a permanent representative of central government in the region and is responsible for the management of state administration departments and coordination of their activity.

131 The Republic of Italy

Continent: Europe

National Name: Republica Italiana

Capital: Rome

Area: 301,302 sq km

Population: about 60. mln. people,Ethnic groups:Italians- 98%, Germans, Slovenians, Albanians, Greeks, French.

A Brief Historical Outline: 1947 – As a result of a referendum Italy declared a republic. According to peace treaty the country lost all colonies and territories on the Balkans. The city of Trieste has become a free zone of United Nations. 1949 – Italy enters NATO. 1957 – Italy is one of the founders of the EEC (“Common Market”). 1964 – The city of Trieste reunites with the Republic of Italy. 1979 – 1980– “Red Brigades” terrorist movement. Assassination of the leader of CDP À. Ìîrî, explosion at the railway station in Bologna, etc. 1983 – 1986 – active actions of the government of Italy against “Red Brigades” and mafia.

Geographical Position: The country is situated in the south of Europe, it occupies Appenine peninsula, the islands of Sicily and Sardinia, a number of small islands. It borders on France in the west, Austria and Switzerland in the north, Slovenia in the east. It is washed by the Tyrrenian Sea in the west, the Adriatic Sea in the east, the Mediterranean Sea in the south.

Political System: Democracy

Head of State: President

132 Languages: Italian (official), in some regions German is spoken (the region of Boltsano), French (the region of Valle d’Aosta), Slovenian, Greek, Albanian.

Main Religions: Catholicism, Catholics- 84%, Protestants, Muslims, Israelites.

Government Type: Republic

Italy

Italy - one of the richest and most civilized countries in Europe has suffered many invasions and revolutions during its history. Under constant shocks the city-states were developed as free communities and electing their leaders, assemblies and militia. In their turn they became a tempting booty for foreign conquerors with Napoleon being the one who invaded the Apennine peninsula in the middle of the XVIII century. The political and territorial unity of Italy was finally formed by 1870. As a model of civic government of the country the French system was accepted. Following the two World Wars with twenty years of fascist dictatorship in-between there was a referendum resulting in abolishment of the monarchy as the form of government.161 In accordance with the Constitution of 1948 the Italian Republic was proclaimed.162 Modern Italy is headed by the president elected by the parliament which appoints the Prime Minister and the Cabinet on his recommendation. The government of Italy must be approved by the House of Deputies and the Senate of the Italian parliament. For administrative purposes Italy is divided into 20 regions, 95 provinces and 8,000 municipalities.163 Councils are elected for each level of administrative division, and every level has its own spheres of activity and its separate budget. Regions are quite new formations in the structure of Italian organs of authority that appeared only in 1948 as a counterbalance to the system formed of strict centralization. Five regions are created in connection with significant cultural unity of the population living on their territories.164 When regions

133 were created provinces gained greater importance than being just bodies of government with limited autonomous tasks. According to the Law on Local Government (¹ 2007 of August 4, 1982) the significance of both provincial and municipal bodies of power is increased.165 In practice it means that these areas are delegated with more powers in making decisions on local level and appropriate finance to provide their activity. The provinces are considered as a connecting link between the municipalities and regions. 120 – 130 provinces are due to be formed, their objectives will be solving problems of public transportation, environment protection, development planning including its economic and social aspects.166

Municipalities (Communi)

The existing boundaries between the municipalities in Italy were established in 1861 according to the statute of Albertino.167 All of them have equal structure and competence, though in practice it is not always like that, the differences in the size of municipalities and their significance influenced this fact. The municipality has the right to solve any problem of local importance provided that it falls within the competence of a superior body of power.168 Among the areas of activity of the municipalities there is sanitation and health care, the service of public help, communal housing, public works, markets and fairs, planning of the development of the region, maintenance of religious buildings, local police, public transportation, the places of public use, help at accidents, construction and maintenance of schools and roads, providing the conditions for recreation, culture and sports, fulfillment of civil registration, electoral lists, collection of taxes and duties. There are three institutions of power in each municipality:169 1. Council (consiglio comunale); 2. Board (giunta comunale); 3. Mayor (sindaco). In the municipalities with the population over 5,000 inhabitants the members of the Council are elected on the basis of universal suffrage 134 and the system of proportional representation. Besides, the parties put on the list for voting will be represented in the Council in proportion to number of votes they received at elections. In municipalities with a population of less than 5,000 inhabitants each elector has the right to vote for several candidates of any list, this number should correspond to four-fifths of the total number of elected members of the Council. Such order guarantees that one fifth of the seats in the Council is kept for the parties of the minority. Municipalities are divided into categories. For each category the number of people is settled, and it varies from 13 people when the population is less than 3,000 inhabitants to 80 when the population is more than 500,000 people. All members of the Council are elected for a five-year term. The functions of the Council are the development and passing of the budget, approval of the report on the fulfillment of municipal budget and a number of other financial issues, and also forming policy and conducting general control over local affairs.170 From within its membership the Council appoints the board that works for the whole term and consists of a mayor, and from 2 (in small municipalities) to 14 members of the board and four candidates to its membership in the municipalities with the population of more than 500,000 people.171 This body is responsible for performance of everyday duties by local administration, development of proposals for consideration of the council and carrying out the decisions of the Council. The board also has some powers to take decisions in the period of time between the sessions of the Council. These decisions are to be presented to the Council for approval at the next session. Moreover, the board performs several protocol functions, annually presents the report on the work done and makes preliminary decisions on financial issues; it also deals with municipal personnel issues. Each member of the board may be appointed as the head of one or several departments of the municipality. The mayor elected by the Council represents its interests in relations with the other bodies of authority, government and public organizations, he also is the chairman of the Council and the head of the municipal administration. As a municipality official he chairs the meetings of the Council and board, he also observes the imple- 135 mentation of the decisions that they made. He has the right to sign letters and other official documents, concluded contracts, observing the regulations established in the municipality, represents the municipality at the legal trials, is responsible for work of the officials of the municipality and its institutions. As a state official he is obliged to issue and bring to the notice of the citizens the laws, regulations and information of the government, to maintain public order and provide citizens’ security; to make up statistic reports on the most important data; to keep the electoral and calling lists, and also to perform other functions concerning public works and social welfare. Besides the elected officials, each municipality has a secretary (general or executive), appointed by the central government, who conducts all current work. All heads of the municipal departments are subordinate to him. Though he is responsible for his actions to the Council, he has the right to refuse to carry out any decision or instruction of the Council or an official of the municipality if it contradicts with the law. Thus, the supremacy of laws and impartiality of authority are provided regardless of whether the official is elected or appointed. In addition, the secretary provides succession of power in the period of change of administration and very often acts as an expert on the issues of public government and administrative law. Financial funds of the municipality consist of its own resources and government grants.172 Local income making the less part of the budget are formed from taxes on advertisements and duties on public information, taxes on dogs, at the expense of local deductions and property available, fee for the use of public territory, and also payments for hard waste collection and disposal. Central government provides its aid by means of grants and categorical subsidies. They are given by the Ministry of Internal Affairs from the fund under its control that is created at the expense of the means gained from taxes. One fourth of these funds is provided to the provinces, three forth to the municipalities proportionally to the loans given to balance the budget of local bodies of authority for the passed fiscal year.173 The funds are distributed to the municipalities in accordance with the scale of expenditures. Categorical subsidies are granted for the concrete programs – education, development of the network of 136 nursery schools, kindergartens, orphanages, repairing and equipping of the courts and other legal institutions, repairing and maintaining of the local prisons, other concrete types of public works. ~ Capital costs are financed through the sale of the property and the rights on the property ownership, means from the devising refusal of real estate and gifts, bond payments, but the main source of income is long-term credits. They are provided by such establishments, as Bank of loans and contributions (Cassa Deposit de Prestiti). This is a public organization that specializes on giving subsidies and credits to the municipalities and provinces.174 Though the range of powers of the Italian municipalities is wide, they are controlled by the superior organizations. The regions have the right to create new municipalities and to change the boundaries of the existing ones. Before any decision of the Council or its board comes into force, it has to be presented for consideration on the regional level where the corresponding body gives its judgment in relation to its legal status and the right of the local body of power to take this decision. If the decision is not cancelled within the period established by the law, it will become effective. In some cases it is assumed that the decision comes into force since the moment of its adoption, but the superior bodies have the right to abolish the decision if they are recognized as the ones that contradict with the law. Financial activity of the municipality is under thorough supervision , especially the part that concerns its budget, long-term expenses, establishment of the tax rates, loans, withdrawal of property, certain types of investments. In case of imposing the restrictions and banning sanctions, the municipality has the right to appeal to the Ministry of Internal Affairs. Significant financial aid from the central government to local budget guarantees control over current decisions and activity of the municipality. In addition, regional committee exercises additional control over the rightness of actions of the municipalities in the questions of 137 organization and management. If the representatives of the local bodies of authority either refuse or are not able to carry out obligatory recommendations, the commissioner on the recommendation of the superior authorities can take on himself the performance of some or all functions of this local organ of power. In some rare cases a representative of the central government in the province – a governor (prefetto) – has the right to withdraw the mayor, who can later, on the decision of the President, be removed from his position if he exceeds his commission or violates the law. If the mayor leaves his post as a result of expressing of vote of no confidence, the Council is dismissed and the commissioner, who performs administrative functions until the elections of a new mayor and Council, is appointed.

Provinces (Province)

On the territory of Italian provinces two administrations act separately. One administration represents the local authorities and performs the functions that are specially defined by the law; it has an elected for a five-year term Council (Consiglio provinciate) that includes from 24 to 45 members. Another one is the body of the structure of the central government.175 The provincial Council from within its members elects the board (giunta provinciate) and the chairman (presidente) – simultaneously of the Council and the board. The provincial power solves such problems as budget formation, establishment of tax rates, construction and maintenance of the roads, provision of activity of secondary schools, environment protection, coordination of issues concerning social welfare, maintenance of public order and safety. Some functions in particular those that were responsible for general control over the activities of the municipalities on their territory, were transferred to the regions. To perform administrative functions the governor is appointed in the provinces, he is accountable in his actions only to the Ministry of Internal Affairs. Being an expert in management, the governor is responsible for the maintenance of public order, execution of national laws, fulfillment of a number of measures, connected with the provision of social welfare. He is also responsible for the 138 correspondence of the bylaws adopted by the provincial Council to the law. In this work the governor rely on the assistance of different groups of counselors, including his cabinet and the committees, e.g. the committee on health care and sanitation.176

Regions (Region)

Despite the fact that the creation of 20 regions were declared by the Constitution in 1948, the realization of this decision was practically finished only in the1 970s. The first regions created were five “special regions”: Sicily, Sardinia, Valle d, Aosta and Trentino-Alto-Adidge – in 1948 and Friule-Venice Julia in 1963. In Trentino-Alto-Adidge two autonomous formations were established – Trento and Beltsano, as the regions with the special status, they have identical legal and administrative bodies.177 In 1972 the Ministries of central government transferred their administrative functions to the regions. The following transference of functions from the center to the regions was held in 1977. At present the functions established for the regions are not likely to be changed, but he functions of the municipalities and provinces are under re-consideration.178 The regions have different legal opportunities, that are divided into exceptional, preferential and international. The regions with the special status have legal opportunities of all three types, while other regions do not use this exceptional right and accomplish their legal opportunities within the limits determined by the law. The main part of the powers of the region is in the sphere of preferential law and covers such problems as region government, establishing and changing of the boundaries of the municipalities, professional preparation, health care, hospital services, culture services, construction planning, tourism, regional public transport, public works, navigation on the lakes, development of ports and port sector, environment protection, etc. In the sphere of integrational law the regions adopt national laws taking into consideration the peculiarities of the region. Like provinces and municipalities, the regions form their own Council, Board and elect their chairman. The Council includes from 30 to 80 members 139 depending on the population of the region, they are elected for a five-year term via direct vote on the basis of universal suffrage. Its functions are to draw up a budget, to establish tax rates, create the structure of regional administration, to put forward the initiative to hold a referendum on the urgent issues. The board of the Council usually consists of 6 - 12 members and 2 - 4 candidates.179 The regions with the special status may independently determine the size of the board. All members and candidates are elected from within the Council for the whole period of its work. The board exercises general control, moreover, each member of the board is personally responsible for the work of an administrative subdivision. The chairman holds the meetings of the Council and Board, lays the laws and regulations open to public, appoints the members of provincial and communal (municipal) control commissions, he also acts as a representative of the region to the central government. Besides, the Chairman and the Board are obliged to perform some certain functions, delegated to them by the central government. The region forms its financial resources at the expense of a number of sources. A small part comes from independent taxation, particularly from the property of the central government, regional concessions, and from the road use tax and the tax on use of public places. The other part comes to the regions with a special status through the deductions from state taxes on income established at the local level, circulating capital, production and consumption. The regions also get general subsidies and categorical grants. The Fund from which these means are provided is formed by the central government from state taxes on tobacco and alcohol beverages, mineral oils, sugar and petrol. Quotas are established depending on the size of population, territory, rates of unemployment and emigration. Categorical grants are provided to develop the regions and other corresponding purposes. Moreover, the regions credit their activity and issue securities. The control functions over the activity of the region is performed by the commissioner appointed by the central government, and also by a revision commission, three members of which are determined by the chairman of the regional Council and another one by a regional commissioner, and also a judge who is appointed by the Administra- 140 tive court. The commissioner heads the meetings and considers the correspondence of all legal acts of the region to the Constitution and interests of the region. The commissioner gives the laws passed by the Council with a correspondent report to the central government. The commissioner has 30 days at his disposal to give his agreement to put a law into effect, with the exceptions of the cases when the government raises objections. Such a law is returned to the Council for consideration, and if the Council insists on its decision the question is transferred to the parliament or the Constitutional court to make the final decision.180 All laws adopted by the regions are equal to state laws and on this ground may be appealed against from the point of view correspondence with the constitution. The regions in their turn can appeal to the Constitutional court to protest against all negative decisions on their issues.181 The regional commissioner has the right to dismiss the regional Council for the actions contradicting with the Constitution, violation of laws or inability to fulfill their duties. Such a decision comes into force only after its approval of the president of the republic on the basis of the consultations with the regional commission that consists of 20 senators and 20 deputies of national parliament. In this case, within three months new elections announced by the committee that includes 3 people authorized to act as a temporary regional Council.182 Cyprus

Continent: Asia

National Name: Kibris Cumhuriyeti

Capital: Nicosia

Area: 9,250 sq km

Population: Population ( i n 1 9 9 8 ) 7 4 9 , 0 0 0 people. Ethnic groups: Greeks 78%, Turks 1 8 % , A r m e n i a n s ,

141 Maronites. The largest cities: Nicosia (166,500 people in Greek zone and 39,496 people in Turkish zone), Limasol (129,700 people), Larnaka (59,600 people), Famagusta (20,516 people).

A Brief Historical Outline: 1878 – Cyprus was occupied by British troops 1 9 – The country is declared an English colony. 1939–1945 – The Cypriots were fighting against the fascists within the English troops. 1950 – At the plebiscite 96% of Greek- Cypriots voted for the uniting of Cyprus with Greece. The English did not acknowledge the results of the poll. August 16, 1960 – Cyprus is declared an independent republic. 1963 – Armed conflicts between the Greeks and Turks on the island. 1974 – Turkish troops got the northern and eastern part of Cyprus under their control. In fact the island became divided into two communities – Greek and Turkish

Geographical Position: The country is situated in Western Asia, on the isle of Cyprus, in the eastern part of the Mediterranean Sea.

Head of State: President Languages: Greek (Cyprus dialect), Turkish, English

Main Religions: Denomination: Orthodox - 78%, Islam - 18%.

Government Type: Republic

Cyprus

Cyprus is an island republic situated in the eastern part of the Mediterranean Sea. Owing to its strategic location during its history the island was under rule of either Middle-East or European states. In 1914 Cyprus was annexed by Great Britain. The country gained

142 independence only in 1960. The conflict between Greek (majority) and Turkish (minority) communities resulted in 1974 in armed intervention of Turkey. Since that time a third northern part of the island has been under Turkish control.183 The Constitution of 1960 is still in force in the country.184 Accord- ing to the Constitution the chief of state is the President. Also three main powers are established: executive, legislative and judicial that are accordingly exercised by Council of Ministers, House of Repre- sentatives and Supreme Court. Besides, the Constitution guarantees the division of powers between Greek and Turkish communities in proportion to their populations. In 1963 representatives of the Turkish community withdrew from the government. In 1974 Turkey invaded the island and occupied 37% of the country. In November, 1983 the leaders of Turkish Cypriots unilaterally declared the formation on the occupied Cypriot territories of so called “Turkish Republic of Northern Cyprus” that was recognized only by Turkey.185 This recognition was condemned by the decision of the UN Security Council (Resolutions No. 34-ff (1983) and No. 550 (1984) qualifying these actions as illegal).186 Greek-Cypriot authorities declare that they represent the whole Cyprus that on the whole is acknowledged by international community in spite of the fact that Turkish-Cypriots do not participate in the activity of this government. Nowadays each of the communities has its own President, legislative, government and judicial systems. This is the present-day situation in Cyprus. Administratively Cyprus is divided into six districts. In each of the districts central government appoints the governor who embodies local power.187 Although three districts are under Turkish influence the governors of these districts appointed by Greek-Cypriot powers preserve their authorities. In particular, the governors are imposed to preside in the coordination committee consisting of representatives of departments of local organs of power in the district. The committee is authorized to express its conclusion on all projects submitted by local departments of power in the districts and then present them to the central planning 143 bureau through Ministry of Internal Affairs for consideration within the framework of the development budget. The districts include 18 municipalities and 100 improvement areas. Within their borders also act 450 rural organs of power. An improvement area with a population of not less than 5,000 people may be reorganized into a municipality. To do this it is necessary to hold a referendum to establish the people’s attitude towards this.188

Municipalities

In accordance with the regulations of the new law on municipalities No. 111/85 the Council consisting of 6-26 members depending on the population is elected in each municipality for five years on the basis of universal suffrage. The Council enters upon its duties from January, 1 of the next year after elections.189 Municipal Council is responsible for social security and public health, waste collection and recycling, inspection of sanitary conditions of hotels, restaurants and other public places, road maintenance, parking lot equipping, lighting of settlements and roads, maintenance of parks, system of retail trade, markets and slaughter-houses equipping, issuing licenses for construction, carrying out of cultural performances, maintenance of houses for elder people, etc. Each Council for the whole period of work forms executive committee from its membership. It consists of not less than one third and not more than a half of the Council’s composition. The tasks of this committee include drawing up of annual budget and report on its fulfillment that are presented to the Council’s session and then published after Procurator-General’s approval; coordination of other Council’s committees activity; assistance to the mayor in performing his functions and also other tasks that may be raised for him by the Council. In addition, the Council may form standing and interim committees to solve any concrete problems.190 The mayor (whose election also for five-year term is held simultaneously with the Council’s elections) is the head of the Council and executive committee. The mayor is the main person of executive power. He represents interests of municipality on all problems includ- 144 ing interrelations with other organs of power and central government. The mayor sets the dates of Council’s sessions and forms their agenda, presides the meetings and sessions of executive committee and at his will any of the commissions provided he is a member of them or has the right to be present at these meetings. The mayor is also responsible for performing Council’s decisions, management, control, reporting on all questions concerning collection of municipal taxes and also he is in charge of funds expenditure in accordance with the budget. He registers marriage and fulfils other functions stipulated by law. In Nicosia – the capital of the country, he, for example, with other members of the municipality, heads the Council on the management of city cleaning system. For performing his duties the mayor is rewarded by a fixed salary.191 In each municipality there is a secretary in charge of work with documents, archive, keeping the minutes of Council meetings as well as executive and other committees’ sessions. He also fulfils other functions stipulated by the Council. The secretary has no right to manage departments’ activity. The municipality covers 95 per cent of its expenditures from local sources. These are occupational tax, property tax, market fee, payments for parking lots and parking in the streets, duty for registration of acts of civil status and other sources. Municipalities receive support from central government that makes up approximately 5% of the current expenses and also special subsidy for capital expenditures to the amount covering about 2/3 of estimated cost of the projects. The remaining third of the expenses municipality must finance on its own. The main items of expenditure are salaries and wages (about 60%), repairs and lighting of the roads, maintenance of local transportation and providing main services.192 Central government supervises the activity of local organs of power, in particular, by approving of all bylaws firstly on Council of Ministers level and then in unicameral Parliament and House of Representatives. The budget is also authorized in Council of Ministers on representation of Ministry of Internal Affairs. Other measures of supervising the activity of local organs of power are CastilianVillages (rural communities) 145 A new detailed legislative act was adopted in 1984 covering 450 historically formed rural communities and 100 villages called improvement areas. This document provides for election of the Coun- cils on the basis of universal suffrage by local population at the age of 21 years and older for five-year term. In a village such Council is formed by 5 people who elect chairman from their membership. In improvement areas such Council consists of 5 elected members and a chairman – a member of the Council by position who is appointed by district authorities.193 The chairman of the Council is the head of rural community (village). He is responsible for performance of everyday duties of the Council and development of the community. In addition, he assists central organs of power to fulfill such administrative tasks as preparation of official statistics on population structure, issue of certificates on keeping pets, sale of estate property to execute decision of the court on settlement of loan debts, supervision over village constables appointed to control preservation of harvest and herd. Furthermore, to estimate the damage to the crop he evaluates independently or refers to arbitration that defines the amount of compensation and also makes decision on the ability of local population to pay for the maintenance of local school. The chairman does not receive regular salary. However, he is paid with small premiums for his activity. In most villages in accordance with the Law on Public Order the local Council is vested with the right to impose, setting the amount and also the control over duties collection to maintain numerous establishments of public importance and providing services on streets repair, maintenance of slaughter-houses, lighting and cleaning of the streets, regulating trading or enterprises operating at a loss and to protect sources of drinking water against pollution. The main sources of financial returns for village authorities are income tax that depends on the financial possibilities of the population, fees for various services provided and also annual state grants in the kind of subsidies on development works that usually make up to 50% of anticipated expenditures. The improvement areas have larger returns in their budgets in comparison with the villages. In addition 146 to income tax they can collect occupational tax, tax on property and rent and fees on services provided.194 The state supervises the activity of rural Council. The most effective forms of the supervision are the approval of annual estimate of incomes and expenditures by district manager and also providing financial support.

147 The Grand Duchy of Luxembourg

Continent: Europe

National Name: Grand-Duche de Luxembourg

Grousherzogdem Letzebuerg

Capital: Luxembourg

Area: 2,600 sq km

Population: about 429 thousand people, mainly the people of Luxembourg/ Luxembourgisch, and about 32% of population are foreigners - Germans, French, Italians, Portugese,etc.

A Brief Historical Outline: I century – The country is a part of Roman province Belgika. VII century – The territory of the country is included into the Kingdom of Franc. X century – The independent Duchy of Luxembourg was formed. XIV century – The emergence of Grand Duchy of Luxembourg. XV century – It is one of the provinces of the Spanish Netherland. 1714 – The country is under Austrian control. 1794 – The Grand Duchy is a part of France. 1914 – 1918 – German occupation during World War I. 1949 – Joining NATO. 1957 – Luxembourg is one of the founders of ÅEÑ

Geographical Position: The country is situated in Western Europe. It borders on Belgium in the north and in the west, Germany in the east, France in the South. It does not have access to the sea.

Political System: Democracy

148 Head of State: The Grand Duke. Legislative body is Chamber of deputies.

Languages: French, German, Luxembourgisch

Main Religions: Catholicism

Government Type: Constitutional hereditory monarchy

Luxembourg

During the whole history of its existence the Grand Duchy of Luxembourg more than once became dependent on different large European countries because of its advantageous strategic position. It was only in the ÕIÕth century that the country was guaranteed sovereignty at Vienna congress.195 Luxembourg is a constitutional monarchy where the management is exercised by Grand Duke through the Cabinet of Ministers.196 The former bears responsibility to a Chamber of Deputies elected by the people.197 Administratively the country is divided into three regions, each of those is headed by the manager appointed by the central government. Not having an executive power, the manager acts as connecting link between the central government and municipality. There are 126 municipalities in each region.

Municipalities (Communes)

Autonomous authorities of municipalities in Luxembourg are stipulated by the Act of December 4, 1789, which is still valid. The legal basis for local government was laid in the Law of February 24, 1843, where the structures of municipality and regions were determined, and in some articles of the Constitution adopted on October 17, 1868.198 These basic statutory acts were added with different regulations and bylaws, the latest (according to the period of adoption) are turned towards democratization, strengthening of autonomy and enhancing of efficiency of local government in the country.

149 The system of local government of Luxembourg is in many respects similar to the system of local authorities in neibouring Belgium.199 In each of 126 municipalities the Council is elected, it is done on the basis of proportional representation in the communities with the population over 3000 people and on the basis of gaining absolute majority in the regions with the population less than 3000 people. The Council elected for a six-year term consists of a fixed number of members that varies from 7 to 27 depending on the size of the population. The competences of the Councils cover practically all spheres of local government including the appointment of local administration, the regulation of police activities, supervision of municipal property, budget authorization, financial accounting, organization of different public services, such as water supply and firefighting service, provision of primary education, and also the interpretation of issues delegated to local organs of authorities by the central government.200 To assist in exercising of powers of the local Council, the former has the right to create different committees from within its members. The task of the committees is to prepare the reports and recommendations to the Council on the issues falling within its competence. With the exception of the Committee on the issues of schooling that is headed by the mayor or personally his representative, the chairmen of the other committees are appointed by the Council. The board and the mayor (burgomaster) are responsible for carrying out Council’s decisions into practice. The members of the boards are usually appointed on the recommendation of the Council from within its membership, in the large municipalities by the Grand Duke, and in the smaller ones by the Minister of Internal Affairs. The mayor are also appointed by the Grand Duke. It may be a member of the Council or an outstanding person, a member of an elective body of local authority, provided he comes from Luxembourg, not younger than 21, his name is in the voters’ list and he lives in the area of this municipality for not less than 6 months.201 Acting as a state organ the board is responsible for the execution of the decisions of the ministers of central government and the Grand Duke, civil registration, archives and public property control, 150 it observes the state of houses of care and the activity of the Bureau of social aid, some decisions of which it should approve. As a local body of authority the board carries out the decisions of the Council, publishes the resolutions, regulations of the Council and the board, leads the activity of the municipality, appoints the local employees, keeps books, manages the municipal property, collects local taxes and undertakes different legal actions on behalf of the municipality. The board does not have the right to delegate its functions to anyone, but it can appoint an expert to solve specific problems, on the ground of the conclusions of which it gives its presentation on the issue to the Council. In some certain situations the mayor can act independently; e.g. when inactivity may be seen as unwillingness to solve this or that problem and can cause concern of the members of the board. The mayor has to report on the steps undertaken at the next meeting of the board. As well as the other members of the board, the mayor bears a responsibility both to the central government and to the municipality. As a representative of the state power he is obliged to carry out the decisions of the ministers and The Grand Duke concerning the activities of the police as he is an official responsible for managing the police in the municipality. In small municipalities the mayor is authorized to investigate the cases of legitimacy violation and make a correspondent report on each of them. With the permission of the prosecutor these powers may be delegated to the other member of the board. The mayor has to be present at the meetings of administrative council of public Houses of Care and the Bureau of Social Aid where he has the right to vote. The mayor presides the meetings of the Council and board, ex- ecutes municipal bylaws and regulations concerning the police. In case the mayor is absent (because of an illness or other reasons) his functions may be taken by the next person according to the rank. The important posts in the municipality are taken by the treasurer and secretary. The first is responsible for municipal taxes collection, making payments envisaged by the budget and other decisions, and the second – for keeping the minutes at the meetings of the Council and board. Moreover, the secretary works in the committees of the 151 Council, certifies bylaws and regulations of the Council and board, civil acts, correspondence of the municipality and payments. The funds of the municipal bodies of power consists of local proceeds and means of the central government. Among local resources there is property tax, private business undertaking, selective employment tax and wage tax, and also fines, rent, and other individual receipts.202 Local resources make up to 65 % of total budget. The remaining 35 % of funds come from the government to cover the expenses of the municipality connected with the collection of central taxes, value-added tax and use tax on roads.203 The main expenditures of the municipality are payment of wage and compensation to the mayor, members of the board and municipal secretary, expenses on the maintenance of municipal buildings, road services, police, and the system of education. Within the limits of their competence the municipalities have high level of autonomy. Nevertheless, a number of decisions made in the provinces needs the approval of the central authorities. First of all, these are the decisions on the budget and its performance, taxes, property acquiring and its surrendering, construction and maintenance of the municipal buildings, appointments of municipal officials and employees, issue of local securities. In other cases it is sufficient to get preliminary consent of the commissioner (manager), Minister of Internal Affairs or The Grand Duke. The decisions of the municipalities that go beyond their powers or contradict with the law and harm common interests may be delayed or cancelled by the The Grand Duke, who, if he considers it is necessary, has the right to dismiss the Council. In this case new elections should be hold not later than a month after the day of dismissal of the Council. In 1972 the government approved the document allowing the amalgamation of the municipalities on a voluntary basis. Since then there have been several mergers of the municipalities. In 1981 the Law on inter-municipal cooperation was adopted, and this expanded the rights of the municipalities of solving joint problems.204

152 The Kingdom of the Netherlands

Continent: Europe

National Name: Koninkrijk der Nederlanden

Capital: Amsterdam

Area: 41,200 sq km

Population: a b o u t , 2 mln. people, mainly the Dutch - 8 1 % , a n d F l e m i s h - %, Frisians - 3 % , G e r m a n s - 1 , 5 %. Besides, in the country there are nearly 1 0 0 , 0 0 0 Surinamese, 60,000 Turks, 40,000 Moroccans, 7,000 Portugese, etc.

A Brief Historical Outline: 1815 – The kingdom of the Netherlands was formed as a part of Holland and Belgium. 1830 – Withdrawal of Belgium from the kingdom. 1914–1918 – Neutrality of the Netherlands in World War I. 1940–1945 – German occupation of the country in the course of World War II.

153 1945–1947 – The colonial war in Indonesia and the loss of this colony. 1949 – The country joins NATO. 1951 – The formation of the Union of Benelux (Belgium, the Netherlands, Luxembourg). 1957 – The Netherland is one of the founders of the Common Market (EEC)

Geographical Position: The country is situated in Western Europe. In the north it is washed by the North Sea of the Atlantic Ocean.

Head of State: King (Queen). The Head of State is Queen Beatrix (reigns since April 30, 1980).The Head of the government is Prime Minister. The monarch appoints the ministers and judges, has the right to dismiss the parliament, is in command of Armed Forces of the country. The legislative power is exercised by the monarch and parliament – bicameral General states. In the provinces – provincial states, headed by the commissioners.

Languages: Dutch (official), Fris, English.

Main Religions: Catholicism, believers: 33%, Protestants - 25%, Muslims- 3%, atheists - 36%.

Government Type: Constitutional monarchy

The Netherlands (Holland)

The Netherlands stems from the confederation of small states existing in the XVIIth century. At the end of the XVIIIth century the Netherlands was seized by France, but in Novermber of 1813 the independence was restored, and soon the monarchy type of governing was introduced in the country. In 1848 on the initiative of 9 members of the parliament the Con- stitution was revised; three important stipulations were included into

154 it: the elections are held by secret ballot; the king is infallible, and the Cabinet of Ministers is accountable to parliament; the provinces and communities are recognized as independent administrative units.205

General Provisions

The Constitution secures the right to create (and dissolve) provinces and communities, determines the structure of bodies of authority, it also regulates the powers of the central government to control the activities of local organs of administration. These constitutional regulations are developed in the Law on provinces and the Law on communities. In 1887 the Constitution was amended concerning the sphere of joint participation in the legislative activities of the provinces and communities, on the one hand, and the central government on the other hand. The contemporary state requires a high rate of coordination of activity in such questions, as public health, social security, territory planning and road construction. The two existing in the Netherlands tiers of government pay special attention to the solution of these problems. When new statutory acts are passed, such a fact as the ability of local bodies of authority to carry them in practice should be considered. The Association of Dutch communities, that unites all communities of the country, takes an active part in the discussion of the possibility of realizing these laws. Giving the local authorities a free hand in solution of their problem, the Constitution envisages a certain control over their activity. Thus, the chairmen of the provincial and community assemblies are appointed by the King’s decree; budgets, bylaws on taxes and other financial decisions of the provinces and communities are presented to the approval of the upper bodies;206 the solutions of the provincial and community powers contradicting with common interests or laws may be cancelled by the king’s decree; the boundaries of the communities and provinces may be changed on the basis of law.

Communities (Gemmeenten) 155 The creation of communities as well as their composition and competence are stipulated by the community law, adopted in 1851, and further amendments to it. Although, due to these legislative documents all organs of authority have equal rights and duties, there are significant differences in their opportunities to provide the population with necessary services in practice. In the communities there are three main institutions of power – assembly, executive municipal Council and burgomaster. Usually there are from 7 to 45 members in the assembly, they are elected on the basis of the proportional system for a four-year term that may be prolonged. The law determines a list of positions the occupation of which is incompatible with the membership in the Assembly, namely, a minister of the government, secretary of state, king’s plenipotentiary and other official posts. Assemblies are obliged to meet at least six times a year.207 As for the other its meetings, they are called by the burgomaster or if the members of the executive council if they consider them necessary, or if there is a written enquiry for calling the Assembly. The burgomaster presides the meetings of the Assembly, but he has a deliberative vote. Usually the Assemblies are open to the public, except the cases when the deputies take a decision on having a closed session. The members of the Assembly who are not members of the executive council are paid remuneration and compensation of the expenses on their performing their activities. The Assembly bears the responsibility for community affairs, but only within the limits that do not affect the competences of the executive council and burgomaster determined by the law. It adopts bylaws regulating the use of public services, observes the effect of community property purchase and sale transactions, appoints and removes the employees of the administrative machine, makes loan operations and provides the opportunities to implement the activities in the sphere of culture and recreation. One of the important duties of the Assembly is passing the police ordinance determining the measures on maintenance of public order and safety that is sent to the board of the province to get the approval before coming into force. The Assembly also specifies the powers of the burgomaster 156 and the member of the municipal council in relation to the tasks determined in the special resolution of the Assembly. The executive council is responsible for the current work of the municipality administration. The executive committee consists of the burgomaster, who is its chairman, and from 2 to 4 members of the council, depending on the number of people of the municipality, they are elected from within the membership of the Assembly for the whole period of work. If the member of the council elected as a deputy of Assembly goes out of office, he also is obliged to leave the position held. The member of council gets annual salary the size of which is set with the consent of the central government by the province Assembly that informs the municipal Assembly of its intentions. The burgomaster has the right to vote in the council and it is a decisive one in the case of equally divided votes. Among the tasks of the executive committee there are the issues for consideration by the Assembly; direct or indirect participation in performance of bylaws and regulations of the Assembly; management of incomes and expenditure of the municipality; maintenance of the roads, water routes, streets and parks; creation of the conditions to provide public health care; consistent observance of all the questions concerning the municipality. The joint function of the executive council and municipal authorities is to put the statutory acts of the upper organs of power into practice. Sometimes carrying out the decisions of the upper powers demands special coordination on the level of burgomaster or As- sembly, however, in any case the performance of the objectives of cooperation is within the competence of the executive council.208 In practice, the member of the Council is personally responsible for the solutions of the problems in such fields as finance, public works, education. One of the members of the Council is appointed as a deputy of the burgomaster who is exercising the duties of the latter in his absence. The burgomaster and the members of the council, together and every one individually bear the responsibility for their activity to the Assembly. In this connection, on demand of the Assembly they are obliged to provide the information on their activity to the extent 157 that does not harm public interests. If the Assembly is not satisfied with the activity of a certain member of the Council, it has the right to express distrust to him, making him retire. The burgomaster is appointed by the king’s decree on recommendation of the king’s representative (commissioner) of the province, relying on the results of the preliminary consultations with the As- sembly in his decision. He carries out his duties for six years. There is an opportunity of his re-confirmation in the post. Usually the burgomaster becomes a professional and climbs up the ladder moving from small to large municipalities. Since 1945 women began to enjoy the right to become a burgomaster; at present about 30 women hold this post.209 The central government sets the burgomaster’s salary. “The father of the city”, as the burgomaster is sometimes called in the Netherlands, has the following objectives: - to preside the meetings of the Assembly and the executive council; - to carry out the decisions of the Assembly and the executive council. If the burgomaster considers that the decisions of one of the organs of power contradict the law or the interests of the country, he has the right to refuse its implementation. In this case he is obliged to inform the Assembly of the province on the essence of the problem, that in its turn brings the refusal to the notice of the central government. If in 30 days the upper bodies do not nullify the decision taken earlier, the burgomaster has to proceed with its execution; - to provide the maintenance of public order being the head of the local police. Thus, he is responsible for the maintenance of order in all theatres, cafes, buildings open to public, and places of entertainment. In case of serious breach of public order the burgomaster may undertake drastic actions without preliminary consultations with the Assembly and, at the last resort, engage the troops. These measures may be cancelled if they are not ratified at the first meeting of -As sembly after their adoption; - to act as a head of the fire fighting service; - to represent the municipality in all judicial instances.210 The burgomaster bears responsibility for his actions to the municipal Assembly. However, he may be removed from his post, but 158 that happens very seldom, only on the decision of the central government. To attract as many citizens as possible to the supervision over the affairs of the municipality and decision-making of the Assembly, the Law on municipality stipulates the creation of different committees, such as: - committees of councilors; - committees of support of the burgomaster and the members of the council, including the committee of supervision over public establishments, etc.; - committees for consideration of different issues that are of special interest to the municipality, including sports, culture, etc. ; - committees expressing the interests of a certain part of the community, e.g. district or rural assemblies.211 The last two committees may have delegated powers and include the citizens that are not elected as the members of the Council. Municipal secretary, who is appointed and removed from the post by the decision of the Assembly, supervises over the work of administrative machine. His duties are to visa (the second signature) all the documents going out of the Assembly and executive council. In case of combining the job of the secretary and the post of burgomaster, which usually takes place in smaller municipalities, the second signature is put to a document by one of the aldermen. The annual budget of the municipality is considered and approved by the executive council of the province on the basis of the proposals made by the burgomaster and the members of the Council; after that it is should be approved by the municipal Assembly. More than 90 % of funds enter the budget directly or indirectly from the central sources.212 The most significant part is provided from the so-called municipal fund that is formed by the central government at the expense of the deductions from taxes. Municipalities also receive subsidies, the size of which is annually determined by the central government and the parliament on the basis of different factors, 159 such as the square of land and water territory, the quantity of ar- tificial sources of water, the area of development, the state of land, availability of the historic center, the system of treatment facilities, etc. In addition, income from the municipal property (houses, farms, investments, etc.), local immovable-property taxes, taxes on dogs, tourism, land for construction, alcohol tax, and also fees for the use of public services and categorical subsidies from the central government come to the fund of the municipality. In each municipality there is a position of the cashier who is responsible for collecting all proceeds into the municipal budget and for payment of commissions from the municipality funds. At present the other forms of conducting financial activities are allowed.213 Central government exercises two types of control over the activities of local bodies of authority – forbidding and warning. Nullifying or suspending of the implementation of decisions of executive council is used when it contradicts the law or common interests. Making of such a decision is confirmed by the king’s act issuing and its further publication in the official reports. The examples of the warning control are the preliminary approval of tax bylaws and municipal budget, creation of funds, associations, joint ventures, cooperatives and other organs envisaged by the civil law, or the participation in their activities. Besides, certain decisions may be submitted for consideration in the independent court or council, e.g. the decisions concerning the interests of an individual employee. If the inhabitants of the region think that some decision contradicts their interests, it may be submitted for consideration of the court on their demand. If the executive committee is not able to find the ways for cooperation in fulfilling the tasks formulated to them by the central government, the commissioner appointed by the king may be charged with the solution of such issues. Besides, his activity is performed at the expense of those who, according to the law, is responsible for the solution of the problems of local government. If individual municipalities are not able to provide the services to the population, the possibilities of interaction of several municipalities are stipulated by the Law on joint actions. More often municipalities cooperate to organize a joint firefighting service; and the other spheres 160 of collaboration are control over construction, waste collection and recycling. Two or more municipalities may create corporate merger with certain powers to solve the assigned tasks, the less important questions may be carried out via joint commissions and by means of coordination of their actions in the course of work. In addition, in some cases cooperation may have an obligatory character. In 1986 a new law on municipalities was submitted for the approval of parliament. The essence of the law is an expansion of principles of decentralization by means of transferring more rights to the municipalities and provision of independency in decision-making, reducing the control functions of the superior organizations, and also alteration of the system of government, when the municipal councils get the rights to solve the procedure issues. Besides, in the new revision of the law it is supposed to secure the right of the municipalities to obligatory consultation with them on the laws adopted on the level of provinces, that affect their interests.214

Provinces

The administration of 12 provinces of the Netherlands is exercised according to the procedure established by the Law on Provinces of 1962. Similar to municipalities, three main institutes forming the structure of government are the Assembly of the province, executive committee of the province and king’s commissioner.215 The Assembly of the province represents the interests of the citizens living on its territory. There are from 47 to 83 members in the Assembly. All the members are elected via direct vote on the basis of proportional representation for a four-year term. As well as the members of the municipal Council, the deputies of the province do not have the right to hold a number of official positions that the law recognizes as incompatible with their status, e.g. such positions as the post of minister, state secretary, king’s commissioner and some others. The members of the assembly receive compensation for exercising their duties and “office salary” for the participation in the work of the sessions of the Assembly.216 The assembly meets at least twice a year in the capital of the 161 province. Besides, on the initiative of the king’s commissioner or one fifth of the members of the Assembly an additional session may be held. The main objective of the Assembly is provision of the effective organization of the affairs in the province and its government. It develops the recommendations and takes important administrative decisions. Earlier the activity of the Assembly focused on the solution of such problems, as control over water supply, care for insane people, and in some cases, delivery of water and sources of electricity by the transport vehicles. At present the circle of powers is expanded; within its competence there is general planning, the issues of social, economic and cultural life. Moreover, the Assemblies are responsible for the environment protection and provision of the conditions for recreation. Many issues, the decisions on which are made on the level of provinces, are preliminary considered at the permanent commissions. The king’s commissioner chairs the Assembly, he has a deliberative vote. From within itself the members of the assembly usually elect 6 members of the executive committee for a four-year term. Any of its members leaving office automatically leaves the executive committee. The main duties of the executive committee that meets at least once a week are observance of current affairs management, preparations of the drafts of the decisions to be taken at the session of the Assembly and performance of the functions of the basic body on state laws implementation. In addition, the executive committee supervises over finance and property, observes the general course of affairs in the province, the activity of municipal bodies of authority, controls water supply, if this duty is transferred to it by the Assembly, regulates alternative management versions stipulated by the law.217 The king’s commissioner presides the meetings of the executive committee, who has the right to vote, and it is a decisive one in the case of equally divided votes. His appointment is done according to the decision of the Cabinet of Ministers as results of preliminary consultations with the members of the assembly and almost always is the act of political significance. The chairman performs the functions of a representative of the central government and is the main 162 figure of the local executive power. The provinces are reimbursed for his salary and accommodation expenses by the central government. According to the terms of the Law on Provinces of 1962, while exercising his duties, the chairman of the executive authority should give preference to local affairs, and he declares that when he takes the oath before assuming the office. In addition to running the meetings of the Assembly and the executive committee, his duties are: control over public order in the province, conducting business correspondence and representing the interests of the province in general, both on its territory and out of its boundaries.218 The king’s commissioner regularly inspects the municipalities on the territory of the province, and on the basis of the consultations with the municipal Councils he makes the proposal to fill vacant posts of burgomasters. When the king’s commissioner is absent, his duties are exercised by the member of the executive committee of the province, appointed by the executive committee itself or a special representative of the central government. The chairman and the members of the executive committee together and each of them individually are accountable to the As- sembly. The assembly of the province, executive committee and commissioner rely on the group of state employees and also on the manager of the secretariat who is appointed to and removed from on the decision of the Assembly. He has to counter-sign all the documents and mail of the assembly and executive committee. The executive committee annually draws the budget of the province where all income and expenses are taken into account and the reserves on unanticipated circumstances are envisaged. The budget and report on its fulfillment are approved at the session of the Assem- bly, and then these documents are to get the approval of the central government. The income sources of the province are as follows: - subsidies from the Fund of the provinces that is annually filled by the central government at the expense of the deductions from the collected taxes; - categorical grants of the central government for road construction and maintenance; - duties and charges for official documents registration and provi- 163 sion of services; - income from the province property.219 As at the municipal level, control is of a dual nature: warning that covers mainly the issues of financial character – taxation laws, budget and its fulfillment, and some other questions concerning this sphere, and forbidding concerning the decisions and regulations of the Assembly or executive committee that contradicts the law and the state interests. As at the municipal level, the citizens of the province has the right to protect their interests from the actions of the provincial authorities. In 1987 a draft of a new law on the provinces was introduced to the parliament, it supposed to reduce the powers of the central government in relation to the provinces, e.g. the commissioner appointed by the king to a lesser extent should act as a figure controlling the central power and to a greater extent as an official person of the executive authority of the province. Besides, a municipality or several municipalities should have the right to ask for transferring a part of competences of the province to them, though the latter may not agree to this.220

The Kingdom of Norway

Continent: Europe

National Name: Kongeriket Norge/Noreg

164 Capital: Oslo

Area: 324,200 sq km

Population: a b o u t 4 , 5 mln. people, mainly: Norwegians 98%, Saami about 2 0,000 people, Quens (Norwegian Finns), Swedes.

A Brief Historical Outline: 1 9 0 5 – Cancellation of the Union with Sweden and formation of the independent Kingdom of Norway. 1914 – 1918 – During World War I Norway remained neutral. 1940 – 1945 – During World War II the country was occupied by German forces. 1949 – Norway joins NATO

Geographical Position: It is situated on the north of Europe and it owns a number of islands in Arctic (Archipelago of Spitzbergen). It borders on Russia, Finland and Sweden in the east. It is washed by the Barents Sea in the north, The Atlantic Ocean on the west, and the North Sea in the south.

Head of State: King. Monarchy has strong positions in the country and the ruling King Harald V is very popular and respected.Harald V (reigns since 17 January 1991). The Head of the government is Prime Minister, Turbiern Yagland (holds the position since October 1996).

Languages: Norwegian – official (there are two kinds of the Norwegian language – Old Norwegian “bakmål”, used by 80% of population and New Norwegian “neworsk”, used by 20% of population), Saami.

Main Religions: Norwegian Evangelical Lutheran Church - 87,8% (state religion), Fifthedecaders, Catholics.

165 Government Type: Constitutional monarchy with parliamentary type of government

Norway .. The history of Norway stems from the times of Vikings. In the first two centuries A.D. the process of formation of a unified nation was carried out. The next two centuries are characterized by wars, development of trade and union with Den- mark and Sweden. In the XIVth century three kingdoms were united under single ruling, a century later Sweden left the union. In XVI century Norway created a joint centralized administration togeth- e r with Denmark, that existed until the time when the Danes became allies of France under Napoleon. In 1814 Norway was joined to Sweden within the Sweden-Norway Union. In 1905 the country declared itself a sovereign state.221 Modern Norway is a hereditary constitutional monarchy with an elective unicameral parliament (Storting).222 The Prime Minister and his Cabinet are approved by the king with the consent of parliament.223 The intensive development of Norway began only in the 1840- 1850s. To a considerable extent it happened due to the growth of technology, when it was possible to use the potential of hydropower engineering. In the third quarter of the XX century, in connection with oil discovery on the shelf of the coastal territorial water and its export the economy of the country got acceleration. Local authorities are not mentioned in the Constitution of the country, though this institute of government appeared in the XII century. With the adoption of the Law on local government in 1837, the structure of local bodies of power was secured. The main principles of this law entered the Law with the same name that was adopted

166 later (in 1954).224 During the following-up years the separation of tasks between the central and local authorities changed greatly, and the delegation of powers from the center to the local organs was the basis of this process.225 For administrative purposes the country is divided into 18 regions (fylke). They are the structure of the central government headed by the appointed governor who acts as a representative of the center in implementation of different administrative tasks. At the same territory as the region, another so-called political region operates, it performs mediatory functions of the government.226 Each region consists of urban and rural communities. In the mid- 80s their significant reduction took place (approximately from 700 to 454), 47 of which refer to urban and 407 to rural ones. Nevertheless, most of them are small settlements, in half of them the population of the community is not more than 5,000 people. The separation of powers between two levels of local power means that the communities solve the problem of provision of the main services, and regional authorities – the problems concerning more wide interests of the population.227

Communities, Regions (Kommuner, Fytkeskommuneijl)

Regardless of the fact what kind of community – urban or rural - this is, they have identical structures and have one and the same powers. The main principle of their activity is the right to assume the responsibility for executing any duties that by law are not within the competence of any other institution of power or government. The local body of authority (besides administrative) mainly deals with the following problems: organization of primary education, medical care, maintenance of hospitals, and also social security, public transportation, housing, road services, firefighting protection, provision of different cultural services. Some of the spheres of activities demands considerable investments that are often got through voluntarily contributions, on the inter-communal basis, when two or three or sometimes ten-fifteen communities take part in the project, e.g. in construction of transmission equipment, water pipelines, treatment 167 facilities, factories on waste disposal, etc. Each community has its own Council elected on the basis of universal suffrage and proportional representation for a four-year term. It is not large. Depending on the number of people living on a corresponding territory, and on the decision made by the Council according to the size set by the law, there may be from 13 to 85 members in it.228 For the whole period of its operation the Council elects an executive committee, the composition of which reflects the political situation in the Council. Its size is one fourth of the membership of the Council. Within the competence of the committee there is observance of the work of administrative machine of the community, preparation of some issues for the Council’s consideration, control over implementation of the decisions passed, and also the performance of some other functions delegated to the executive committee from the Council. In such a case, on behalf of the community, the committee takes independent regulations or other decisions corresponding to the powers of local body of authority. The Council and executive committee are presided by the member of the Council elected to this post. The chairman acts also as a political and juridical representative of the community. He receives a salary for his activity, it corresponds to the level of his duties as a full-time official. In the capital of the country Oslo, taking into consideration the status of the city, some other full-time members of the executive committee (municipal councelors) are elected.229 The Council takes decisions on appointment to and removal from the position of the head of the local body of power. In the communities with the population more than 10,000 people the senior manager is appointed, in the middle-sized communities - municipal secretary, and in small ones there is no such a position, its functions are performed by the executive committee. In addition, in the largest bodies of local authority, besides the manager, the full-time heads of the departments are also appointed, they are responsible for the concrete spheres of work: social security, school education, etc. The duties of the secretary are everyday control over the whole management and implementation of the decisions of the Council. The secretary should 168 pay special attention to financial issues and the way the funds are spent. He is responsible for presenting the budget to the Council for consideration and control over financial aspects of issues that are under consideration of the executive committee. The senior manager has to be present at all meetings of the Coun- cil and executive committee, but he cannot be elected to them. In addition, he has the right to be present at the meetings of the committees and boards of local enterprises, to which he can be elected as a member, and, thus has the right to vote. To carry out the tasks that the organ of local authority faces the senior manager creates different permanent and special committees: on construction, education, social security, etc. The duties of these committees are mainly to prepare the issues on which the Council should take a decision. The committees also fulfill expert tasks and, depending on the demands, the other ones. The composition and the size of the committees are determined by the Council, and its Chair- person and his deputy are appointed by the executive committee, if there is no other procedure settled. Only the deputies elected to the council may become their members, and only in some exceptional cases the officials of the community. In connection with the ways of decentralization of the structures of power, some large cities and communities create inter-community committees that solve the concrete problems on behalf of the inhabitants of this unit. The tasks of the regions are solving the problems of secondary and non-complete secondary education, public health care, transportation and means of communication, and also working out the plans of development of the territory under control. As in the communities, the regional Councils are elected for a four-year term on the basis of proportional representation. The elections to the region are held simultaneously with the community ones. There may be from 35 to 85 members in the Council, depending on the size of the population. The regional executive committee is elected in the same way as the community one and has similar functions. In the Council there held the elections of the chairman, who heads the work of the Council and the executive committee at the same time. In addition, he acts as a 169 political representative of the region and a juridical person on behalf of the region. In most regions the chairman is a full-time employee. Like community Councils, the regional ones hold their work through permanent and special committees. The committees back up some certain functions of the Council in such spheres as education, work with the youth, their rights protection, hospitals, etc. The regional manager is responsible for supervision of the region, preparation of issues for Council’s and executive committee’s considerations, control over implementation of their decisions. His appointment to and removal from the position are done on the decision of the Council. Financing of the community and regional organs of power is carried out from local taxes and other income, and through the government subsidy. The proportion of the proceeds from these two sources at the level of communities are 75:25, and on the level of the regions - as 50:50. According to the acts on taxation regulations, the communities have the right to collect deductions from profit, property and capital.230 Income taxes make up to 90 % of income to the budget of the municipality. The regions can collect only income tax. State subsidies are provided without deductions. The total amount of returns to the local budget finally is much bigger, but the regions also have to pay different dues to the state and public funds. At present the system of subsidies and contributions to finance local bodies of authority is being simplified.231 There are some rules that communities and regions follow when collecting joint tax. It is distributed through the income leveling Fund, which is under jurisdiction of the Ministry of Labor and Local Authority Affairs. The law on local government supposes that the decisions of communal councils are given to the regional manager to evaluate their accordance with the law. Such financial operations as loans and transference of basic property funds demand preliminary approval either from the region, or from the regional department, or from the manager. In such cases local authorities’ actions are considered for the purpose of content, and their correspondence to the function and legitimacy.232 Some decisions of regional Council are within the competence of 170 this or that ministry of central government and that is why demand tentative approval without consideration of the question of their correspondence to the law. The control over the activities of the communities and regions is exercised also through the procedure of appeals and complaints of the minority against the decisions of the majority in the Council, the complaints of citizens about the decisions of the administration that seems to be unfair. The appeals may be presented to the Council, executive committee and via regional manager to a correspondent ministry. Polish Republic

Continent: Europe

National Name: Rzeczpospolita Polska

Capital: Warsaw

Area: 312,700 sq km

Population: a b o u t 3 08 mln. people, mainly: Polish — 97,6%, German — 1 , 3 %, Ukranians — 0,6%, Belorussians — 0, 5 % , S l o v e n i a n s , C z e c h s , Lithuanians, Roma, Jews.

A Brief Historical Outline: 1989 – the first free elections took place and the communists lost power.

Geographical Position: The country is situated in Central Europe. It borders on Germany in the west, Czech and Slovak Republics in the south, Russia in the north, Lithuania, Belorussia and Ukraine in the east.It is washed by the Baltic Sea.

Head of State: President. Head of State – Prime Minister.

171 Languages: Polish, there are several dialects of Poilish language.

Main R e l i - gions: Catholics - 95% (The Catholic church play a great p a r t i n t h e life of the country), Orthodox (about 5 7 0 , 0 0 0 b e - lievers), Lutherans (about 1 0 0 0 0 0 believers), Je - hovah’s Witnesses (about 1 0 0 0 0 0 believers);

Government Type: Republic Poland

Modern Poland assessing its history since 1918, when over centuries the struggle against the partition of the country and for the restoration of independence was crowned with success.233 After a relatively short period when the republican form of government was exercised, in Poland , in 1926, a military type of dictatorship was established, they were in power until the armed attack of fascist Ger- many in 1939. After World War II the coalition government headed by the communists came into power. According to the Constitution of the country adopted on July 22, 1952, the state system of the People’s Republic of Poland was defined as a socialist one.234 A unicameral Sejm (parliament) from within itself elected a State Council, headed by the President of the country, an official head of the state. The executive power was vested to the Cabinet (Council of Ministers), that was appointed by the Sejm on Prime Minister’s presentation. In the period between the meetings of the Sejm this organ was accountable to the State Council. At the beginning of the 1990s, as a result of political and economic instability substantial changes took place in the state system of Poland, particularly, a new name of the state was adopted – the Re- public of Poland. A multi-party system, new principles of economic regulation and political government were introduced in the country.

172 It, to a certain extent, influences the changes in the system of local bodies of authority. But at the same time the basic system remains the same. In the country there are two more levels of power: voivodeship (province) and municipality – in the cities and in the rural areas. At present there are 49 voivodeships (three of them are the cities with the status of the voivodeship), 2121 rural communities (gromada), and also 809 cities. Five largest urban territories are divided into 26 districts, and 550 towns have joint government with approximately the same number of rural communities.235 In the 1970s the idea of making the cities and the villages equal in the level of services provided, specifying the whole chain of responsibilities for their implementation and in this connection to reform the government system led to drastic changes in the structure of jurisdiction and local organs of power, and also the role of central institutions and conditions in providing the services in the provinces. Under the influence of the process of these changes in 1972 the rural structures were strengthened, and in 1975 a number of voivodeships was increased (from 22 to 49) and district division (powiats) was eliminated.236 The performance of the reform faced some difficulties, especially in the issues of transfer of functions from the old administrative units to the new ones. Consequently, a number of administrative units with some certain functions, the boundaries of which coincided with the boundaries of former voivodeships and powiats remained the same. Besides, eight inter-voivode “large regions” appeared, their aim was to provide their development planning. Though these associations did not have their representative organs, they got the right to make important decisions concerning large investments to the development of infrastructure and communication network.237

Voivodeships, Cities and Rural Territories238

The law implemented on January 1, 1984 (and adopted in the previous year) determined the powers, functions and inner structure of local organs of authority, and the law of 1984 began to regulate the 173 order of holding local elections. Both laws aimed at decentralization, democratization and provision of wider and more influential powers to voivodeships, cities, rural territories, that had a double function, being a mechanism of government of central authorities and at th same time a basic unit of local bodies of power.239

Self-Government of Voivodeships

Voivodeship is the largest unit of territorial self-government and regional self-governing community that by act of law is formed by the inhabitants of voivodeship.240 The activity of self-government of voivodeships includes the performance of social tasks of this level that do not fall within the competence of the bodies of government administration. The bodies of self-government of the voivodeships are not the organs of review- ing authority or control over powiat and gmina, and they are not the bodies of the highest level of the administrative hierarchy either. The dwellers of the voivodeship make decisions via universal suffrage (at elections or referendums) or through the bodies of self- government. The terms of holding a referendum in the voivodeship are the same as in gmina or powiat. The structure of the voivodeship as a unit of territorial self-government is defined by the charter of the voivodeship, adopted on the consent of Chairman of the Council of Ministers. Self-government of the voivodeship defines the strategy of the development of the voivodeship.241 It fulfills the tasks of this level in the following areas: education (including higher education), sanitary instructional work and health care, social security, defense capacity. In the publicly useful sphere it may establish limited liability companies or joint stock companies, and also it may join such companies. The organs of self-government of the voivodeship are sejmik and a board of the voivodeship. The sejmik includes the deputies elected for a four-year term. The sejmik adopts the charter of the voivodeship, its budget, it elects and removes the board, it makes the decisions on the property affairs of the voivodeship, issuing of securities and getting loans. From within its membership the sejmik of the voivode- 174 ship elects a chairman and three its deputies. The chairman of the sejmik organizes the work of the sejmik and leads its meetings. He calls meetings not rarely than once a quarter. The deputy of sejmik cannot be a deputy of the Councils of powiat or gmina at the same time. However, he may be a deputy of parliament or a senator. The sejmik elects different commissions, including an auditing commission.242 The board of the voivodeship is an executive organ. It consists of 5 people. The chairman of the board is a marshal of the voivodeship, his has vice-chairmen for substitution. The marshal of the voivodeship is elected by the sejmik via separate voting. His recall means the recall of the whole board. The board fulfills the tasks of the voivodeship included in the sphere of its self-government and not relevant to the competence of the sejmik of the voivodeship. Particularly, the board carries out the decisions of the sejmik of the voivodeship and administers the property of the voivodeship. The Marshal of the voivodeship supervises the marshal’s board, and the employees of this board and the heads of the self-governing organizational units of the voivodeship are subordinate to him. Marshal of the voivodeship takes the decisions on the individual matters in the sphere of social administration. The body that considers the complaints about these decisions is a self-governing collegium (board) of appeal. The Chief accountant of the voivodeship (treasurer) is elected by the sejmik of the voivodeship. The incomes of the voivodeship are: shares in taxes, income from property, patrimony, gifts and testamentary denials, income received by the budget units of the voivodeship, categorical grants from the state budget, categorical subsidies from the gmina’s and powiat’s budgets aimed at the tasks within the competence of these territorial units and fulfilled by the the voivodeship on the basis of agreement, and also the interest.243 The voivodeship has the right to lead international cooperation. The priorities of this cooperation is defined by the sejmik of the voivodeship. Cooperation of the voivodeship with the regional public of other countries should be organized in accordance with the inner Polish legislature, foreign policy of the state and its international obligations 175 within the limits of the tasks and competence of the voivodeship. The voivodeship may also participate in the international activity of the regional establishments and associations. However, the projects of the regional cooperation agreements as well as the drafts of the decisions on entering the international regional association may be taken only with the consent of the Minister of Foreign Affairs, received via the voivode. Control over the activity of self-government of the voivodeship is exercised by the Chairman of the Council of Ministers and voivode, and the regional clearing house in financial sphere. The organ of self-government whose decision was nullified may lodge a complaint to administrative court within 30 days. In some special cases, on the proposal of the Chairman of the Council of Ministers, the Sejm may disband the sejmik of the voivodeship. In cases of violation of the Constitution or economic mismanagement Chairman of the Council of Ministers may appoint a government commissioner, to whom the tasks and competences of the organs of self-government of the voivodeship are delegated.

Government Administration in the Voivodeship244

On the territory of the voivodeship the functions of executive administration are performed: by the voivode, the heads of joint services and services of inspection and security subordinate to him, the bodies of a non-joint administration, the organs of territorial self- government, and also the heads of powiat’s services of inspection and security accountable to the starosta, the tasks and competences of which are defined by the laws. The voivode is a representative of the Council of Ministers in the voivodeship, the head of the joint government administration, body of control over the establishments of territorial self-government and the representative of the State Exchequer in the limits and bases defined by some special laws. The voivode is appointed and recalled by the Chairman of the Council of Ministers. He also supervises the activity of the voivede and periodically assesses his work. The appointment and recall of the bodies of a non-joint govern- 176 ment administration is made on the proposal of the correspondent voivode or the tentative consent. Within the competence of the voivede there are all issues in the sphere of government administration in the voivodeship, and the competences that are not related to the other bodies. The voivode fulfills the tasks with the help of vice-voivode and also with the help of the heads of the joint services; inspection and security, general director of the board of the voivodeship and the directors of the departments. Vice-voivodes are appointed and recalled on the proposal of Chairman of the Council of Ministers. There are the following organs of a non-joint government administration in the voivodeship: commanders of the military districts, the heads of command posts, governors of the military committees, directors of Exchequer Chamber, heads of Exchequer Departments, inspectors of financial control, directors of regional and special min- ing departments, directors of regional departments of state forests, directors of regional departments of water industry, directors of Customs departments, directors of sea departments, directors of statistics departments, inspectors of technical control over sea navigation, heads of inspections of river navigation, heads of boundary protection services, chairman of the Agency of agricultural market and some others.

Self-Government of Powiat245

On the basis of law the inhabitants of powiat form a local self-governing community. This community and its corresponding territory makes up a powiat. On its behalf and within its own responsibility powiat fulfills social tasks envisaged by the laws. It is a legal entity. Its independence is liable to court defense. Its structure is defined by its charter. Powiat as a unit of the main territorial division covers all territories of gminas neighboring on each other or the whole territory of the city that has the right of powiat. The city that has the right of powiat is the city with a population of more than 100,000 people, and also the city that since December 31, 1998 stopped being the seat of the authorities of voivodeship. Powiat should cover the 177 territory homogeneous in settling and space structure and in social and economic links, if possible. Powiat creates, unites and divides the Council of ministers by its order, having asked for the opinion of the gmina’s and powiat’s councils and sejmik of the voivodeship. Powiat exercises the public tasks envisaged by the laws and going beyond the limits of gminas according to the character in the following areas: public education, sanitary-education work and health care, social help, family policy, help to the disabled, public transport and roads, culture and cultural values protection, physical education and tourism, geodesy, mapmaking and cadastre, real estate management, territory improvement and control over construction, water enterprises, environment and nature protection, agricultural sector and forestry, river fishing, public order and safety of the citizens, protection against floods and firefighting protection, and also prevention of other situations of emergency threatening life and health of the people and environment, counteraction against unemployment and stimulation of local labour market, consumer rights protection, maintenance of powiat’s objects and useful public facilities, and also administrative objects, cooperation with nongovernmental organization, fulfillment of the tasks of powiat’s services of inspection and protection. On the basis of law other different public assignments may be transferred to the powiats. The powiat’s tasks cannot concern the activity of the gminas. Powiat may, on a well-ground request of the gminas, delegate some tasks within its competence to it on the terms defined in the agreement. Powiat may conclude agreements with the organs of government administration on performance of the social tasks in the sphere that is under the authority of government administration. It may also conclude the agreements on assignment of social tasks with the bodies of local territorial self-government, also with the voivodeship, on the territory of which the powiat is situated. To perform its duties powiat may create organizational units and conclude the agreements with other subjects. However, it cannot conduct economic activities except the tasks of socially useful character. The dwellers of the powiat take the decisions via universal suffrage at the elections and referendums of powiats and through different bodies of the powiat. 178 These organs are: the council and the board of the powiat. The terms of holding powiat’s referendum are the same as the terms of gmina’s referendum. The deputy is not bound with the electors’ mandates. But he has to be constantly in touch with them. The council of powiat has wide powers. They are issuing the acts of local law, including the charter of the powiat, election and recall of powiat’s board. The council also takes the decisions on tha coats of arms and flag of the powiat. From within itself the council elects a chairman and 1—2 of his deputies. The exceptional task of the chairman is the organization of work of the council an holding its meetings. The sessions of the council are called by the chairman if necessary, but not less than once a quarter. The council exercises control over the board’s activity, particularly, via elected inspection commission. The council appoints other commissions as well. Powiat’s board is an executive body of powiat. It includes starosta as a chairman of the board, his deputy and 3-5 members of the board. The members of the board may be elected from the lists of people who are not the members of the powiat’s council. Powiat’s board fulfills the decisions of powiat’s council and the tasks envisaged in the law. Powiat’s board performs the duties of the powiat with the help of its starosta, heads of powiat’s services of inspection and security, and organizational links of the powiat, that forms the joint powiat’s administration. Starosta organizes the work of the board, supervises the current affairs of the powiat and represents it out of its boundaries. Starosta takes the decisions on individual affairs in the sphere of social administration, that are related to the competence of the powiat. He may authorize the other employees of powiat’s administration to take the individual decisions on his behalf. The body considering the complaints about these decisions is a self-governing collegium of appeal. Powiat has its independent financial activity in the basis of powiat’s budget approved by the powiat’s council for the whole year. Drawing up the budget and representing its draft are exceptional competences of the board of the powiat.246 Starosta presents an approved budget to the regional clearing house within 7 days from the date of its ap- 179 proval. Control over the system of finance of powiats is exercised by the regional clearing house. Chairman of the Council of Ministers and voivode exercise control over the activity of powiat, and in the sphere of finance - regional clearing house. In case of serious violation of the Constitution or laws by the council of powiat, on the proposal of Chairman of the Council of Ministers, the Sejm may take a decision on dismissal of powiat’s council. It equals the dismissal of all organs of the powiat. In such a case Chairman of the Council of Ministers appoints a person who will perform the functions of the powiat’s organs until the new elections take place.

Self-government of Gmina247

It is established by the law that the dwellers of gmina form self- governing community. Gmina carries out social tasks on it own behalf and within it responsibility. It is a legal entity. Its structure is determined by its charter. When creating, uniting, dividing, cancel- ing of gminas and defining their boundaries they want the gminas to cover the territory homogeneous in settling, space and in social and economic structure to provide the opportunity to fulfill public tasks, if possible. Gmina can create additional administrative units: soletstwa (villages with a rural starosta), districts, villages, etc. A town situated on its territory may also be an additional unit. Additional units are created on the decision of gmina’s council after the consultation with the dwellers or on their initiative. The operation circle of gmina covers all social affairs of local importance that are not related to the competences of other subjects. Meeting the needs and demands of the community are the tasks of gmina. They cover: improvement of the territory, management of lands, environment protection, gmina’s roads, streets, bridges, and also the organization of traffic. Among its own tasks there are such issues as waterpipes and water supply, sewage, waste water treatment, care for tidiness and order, sanitary equipment, garbage dumps and disinfection of communal waste, electricity and heat supply, local public transport, health care, social help (including trustee establish- 180 ments), communal housing construction, enlightment (including primary schools, kindergartens and other enlighting, upbringing institutions), and also culture (including communal libraries, and other establishments dealing with culture), physical culture (including the places for recreation and sports facilities), bazaars and trade outlets, communal green zones and woods, cemetries, public order and firefighting protection, maintenance of the gmina’s objects and facilities, and also administrative structures. The other tasks of gmina’s are providing pregnant women with social, medical and legal assistance. Transferring of new tasks to gminas on the basis of law requires necessary financial funds for their realization by means of increase of the income of gmina or providing grants for it. The laws may impose the gminas with the performing of the tasks of the government administartion competences, and also the tasks on organizations and holding universal elections and referendums. To fulfill these tasks gmina should receive their additional financial funds. Gmina can also perform the tasks of the government administration on the basis concluded with the bodies of that administration. For the purpose of fulfilling their tasks gmina can create organizational units including enterprises, conclude the contracts with other subjects. Gmina as well as the other legal entities can lead the economic activities that goes beyond the limits of publicly useful character, only in the cases envisaged by the special laws. To fulfill the public tasks that go beyond its opportunities, it may have interrelations with other gminas. Gminas can help each other, even financially, if there happened an act of God, exceptional threat for the environment, catastrophe or other unforeseen disasters. The dwellers of the gmina take the decisions via universal suffrage at the elections and referendums or through different bodies of the gmina. The issues of voluntary taxation for public purposes,248 and also the questions of anticipatory recall of the council of gmina are decided only by a referendum. A Referendum may also be held on any issue that has an important meaning to gmina. It is held on the initiative of the gmina’s council or on demand of 10% of dwellers having the right to vote. The Referendum is declared valid if not less 181 than 30% of inhabitants having the right to vote took part in it. The gmina’s council is the body in gmina that makes decisions and exercises control. The Council can include from 15 to 100 deputies depending on a number of people living in gmina. There are some exceptional powers of gmina: adoption of the charter of gmina, election and recalling of the board of gmina, defining the directions of its activities and approval of the reports on its work, appointment and recalling of gmina’s treasurer who is its chief accountant responsible for the budget of gmina, and also gmina’s secretary, and many other issues. To control the activity of gmina’s board the council approves an inspection commission that observes the performance of gmina’s budget. The council also approves other commissions. From within its membership it elects a chairman of the council and one or three deputies. An executive organ of gmina is gmina’s board. It includes a voit or burgomaster, or city’s president as a chairman and its members as well. In the cities with a population of more than 100,000 people, and also in the cities that stopped being the capitals of the voivodeships, city’s president is chairman of the board. The council elects the chairman of the board and his deputies by a separate vote. 3—7 members of the board are elected by the council from the deputies. The chairman of the board may also be a person who is not a member of the council. The board carries out its activity with the help of the gmina’s administration. The head of the gmina’s administration is the chairman of gmina’s board - voit, burgomaster, president. On the basis of its budget gmina has independent finance system. The budget is approved for the whole year. The income of gmina are taxes, dues and other returns determined by the law, income from gmina’s property, general subvention from the state budget, categorical grants to implement the tasks gained, receipts form voluntary taxation, legacy, testamentary denials, gifts, etc. The conclusion on draft budget of gmina is given by regional clearing agency.249 The independence of gmina is guaranteed by judicial protection. Control over communal activity of the gmina is exercised on the criterion of legality. Control over the implementation of tasks com- 182 mitted to gmina is exercised on the criteria of expediency, good faith and practicability. The controlling organs are Chairman of the Council of Ministers and voivode, and regional clearing agency on budget issues. The bodies of control can intervene in the communal activity only in the cases envisaged by the laws. Gminas situated on the territory of the voivodeship elect their general representation as a self-governing sejmik. The principles and order of its activity are determined by the passed regulations. A self- governing sejmik has the following tasks: assessment and sharing of the experience, intermediation. Gmina’s councils elect the deputies to a self-governing sejmik. A number of deputies depends on the size of population of gmina. Gminas bear expenses from the activity of a self-governing sejmik. Thus, in a new territorial division of Poland thaer is a territorial self-government of three kinds: gminas, powiats and voivodeships. On the level of gmina and powiat there is no joint government administration. On the level of voivodeships there is self-government, joint and non-joint government administration. Public Finance

The Constitution of Poland contains the section “Public finance”, that regulates such issues as approval of the budget, organization of the State Exchequer functioning of National Bank of Poland and the Council of monetary policy. According to the Constitution, all changes in the tasks and competences of the bodies of self-government can take place simultaneously with the correspondent changes in the distribution of public income.250 At present the process of decentralization of public finance caused by the formation of self-governing levels with their powers takes place in Poland. In December 1998 the parliament of Poland passed the Law on the income of organs of territorial self-government and the Law on public finance. The purpose of these laws is to clarify the financial relations of concrete bodies of authority in order to fulfill social tasks that are vested to territorial self-government bodies, that was provided with necessary financial resources.251 183 The Law on the income of organs of territorial self-government defines the structure of income sources of corresponding organs of local and regional self-government.252 Particularly, the mentioned sources of income of gminas, powiats and voivodeships consist of: - their own income obtained from property taxes, income taxes from natural and juridical persons, and other receipts established by the law (expenditure of these kinds of sources is determined by the corresponding bodies of self-government independently); - general state subventions to exercise the powers of self-government bodies (education, health care, social security, roads, etc.), that are transferred on the basis of calculated state standards per each inhabitant of the correspondent territory (they also are spent independently, and if there are remains of financial funds they may be transferred to the next year); - targeted subsidies from the state budget, grants that are given to achieve specific goals or are given for a financial year, and the money that was not used should be returned to the state budget. In addition to the sources of income mentioned, the bodies of local self-government may receive income from private legal sources, e.g. from the assets they own. Mainly, it is related to gminas that are well- provided with land and housing resources. The active commercial activity is usually led on their territory. The share of general subventions and targeted grants is not substantial in the structure of local budgets. It is calculated individually depending on the resource (material and human) potential of the territory and makes from 50% in the city of Krakow that has a large base liable to taxation, to 80- 85% in small towns.253 General subventions for the powiats and voivodeships consist of the funds assigned to the spheres of secondary (higher) education and roads of the corresponding importance. In cases established by the law the leveling of local budgets is envisaged. The income law mentioned above introduced the leveling coefficient for general subventions for a territorial unit on the levels of powiat and voivodeship. The use of this coefficient should reduce the difference in defining the income sources per person between the richest and the poorest territories. The leveling coefficient of general subventions is aimed 184 at encouraging of self-governing territories to increase their own income.

Process of Association of Local Communities

There are four social organizations (corporations) taking an active part in the processes of reforming of local self-government in Poland: - Union of metropolitan areas of Poland that unites 12 large cities; - Union of Polish cities teaming up more than 240 middle-sized towns; - Union of Polish towns embodying the gminas with the population less than 40,000 people; - Union of rural gminas uniting more than 350 gminas.254 These organizations concluded an agreement on intellectual cooperation and address the Government with joint appeals for all issues they reach the agreements on. The aim of uniting is to reach consensus on legal acts in the sphere of local self-government. The issues of decentralization of public finance are especially urgent now. The processes of reforming of local self-government and the whole system of public power in Poland, starting conditions of which were very similar to the Russian ones, are going on rather sequentially and successfully. The concept of serving the citizens is very much developed in Poland and is implemented in concrete practical affairs resulting in high efficiency of gmina’s self-government. It should be mentioned that such results appeared due to successive and thoughtful support on the part of the state. This support has different forms. The main of them are the following ones: à) provision of distribution of public income according to the tasks and powers of gminas; á) availability of developed state social standards, according to which some certain funds to meet the needs of people of the country on the main social directions (education, medical care, pension 185 support) are provided. It is important that these funds should enter the local budgets of gminas without any delays and makes there from 50% (the large city of Krakov) to 85% (small towns).255 The further care of gminas is effective expenditure of the funds received from the state, the care of the state is control over the legitimacy, but not over expediency of activities of the gminas. The Portuguese Republic

Continent: Europe

National Name: Republica Portuguesa

Capital: Lisbon

Area: 92,082 sq. km.

Population: There are about 9,9 2 m l n . people in Portugal, mainly, Portuguese (the combination of several ethnic elements, mainly Iberians, Romans and Visigoths) - 99%, Africans.

A Brief Historical Outline: 1910 – Revolution in Portugal and declaration of the Republic. 1914–1918 – The country took part in World War I on the Entente side. 1932 – The power in the country was seized by General Salazar. Establishment of dictatorship. 1939–1945 – Portugal did not take part in World War II. 1949 – Joining NATO. 1970 – Death of Salazar. Another dictator is General Caetanu. 1974 – Democratic Revolution in the country. 1975– All Portuguese colonies gained independence.

Geographical Position: The country is situated in the south-west of Europe, in the western part of Pyrenean peninsula and also on

186 the islands of Madeira and the Azores in the Atlantic Ocean. It borders on Spain in the north and east. It is washed by the Atlantic Ocean in the west and south.

Head of State: President. Head of state is the Prime Minister

Languages : Portuguese

Main Religion: Catholics –97%, Protestants of different confessions - 1%.

Type of Government: Parliamentary Republic

Portugal

Portugal256 is one of the oldest countries in Europe that has close ties with Spain. In 1910 the centuries-old monarchy ceased to exist and the country adopted the new policy of development though not evading periods of political instability and economic difficulties.257 In 1974 as a result of military coup d’etat and overthrow of Salazar’s fascist dictatorship the country entered new period of its development.258 According to the Constitution adopted in 1976 the President elected by universal suffrage became the head of Portuguese Re- public.259 He is authorized to appoint the Prime Minister taking into account alignment of political forces after Parliamentary elections.260 Legisla- tive power is concentrated in the hands of Parliament (Assambleia da Republica).261 Sections VII262 and VIII263 of Article III264 of the country’s Constitution envisage that local bodies of authority consist of parishes, municipalities and also two types of regions: autonomous – on the Madeira and Azores islands and administrative – on the continental part. The process of regulation of administrative division has not been finished yet and nowadays the structure of local authorities includes 4,052 parishes (3,848 of them are on the continent and 204 – on the islands).

187 These parishes are grouped into 18 regions on the continental part of the country and 2 autonomous regions on the islands. The regions are temporary formations and will be eliminated after finishing the process of forming of administrative regions the number of which has not been yet defined.265 In addition, beginning from 1976 autonomous regions function on the Azores and Madeira. The territory of Macau located in South- Eastern Asia due to geographical distance and historical reasons has its own status. Municipalities of Lisbon and Porto – the two largest cities of the country – before 1980 were divided into trust districts. However, districts were later eliminated and their functions were delegated to various central bodies of government.266 Municipalities are a typical form of local government in Portugal. Their historical roots date back to the times of Roman Empire but they appeared in the XIIth century. Nevertheless, up to the XVIth century they were not formalized and only in the XIXth century gained many of the features characterizing these bodies of authority today. Modern functions and authorities of municipalities as well as contemporary system of municipal financing are specified in the Laws 1¹ 00/84 and 38/84 dated March 29, 1984.267 Nevertheless, nowadays a number of measures are being prepared in order to create efficient system of local self-government.

Municipalities (Conselhos or Municipios)

Municipalities are subdivided into metropolitan and rural and the latter, in its turn, are classified according to the number of population and tax income. As the existing system to a considerable extent became obsolete other criteria of classification of local bodies of authority are being worked out. In accordance with the Constitution municipalities have wide authorities necessary for development of the territory and providing prosperity for the population.268 Based on their financial possibilities and existing work force they manage the property, provide medical and sanitary services, distribute electricity and water resources, create conditions for markets’ activity and maintenance of public transporta- 188 tion, cultural institutions, recreation and sport facilities. They work to provide public safety, police activity and firefighting service, primary education, maintenance of housing, planning of city development, waste collection, creation of conditions for activities in agriculture and forestry, fishing and hunting, tourism and trade. In those areas where the authorities of municipalities coincide with the rights of the central government the activity is carried on according to the laws and regulations adopted by the government. In the first place this relates to the technical questions where there is a necessity to keep due level of unification of technological processes. In order to implement joint activity in the areas of mutual interest municipalities have right to form associations and federations with other municipalities. Associations (federations) annually work out plan of actions. Sometimes planned actions relate to the competence of the central government. It happens that some sphere is not found in the plan of actions neither central nor local body of authority. This leads to conflicts. The main bodies on the municipal level are Assembly (Assimbleia municipal) and municipal government (Camara municipal).269 The Assembly – a body of local legislative power – consists of the deputies elected by direct secret ballot on the basis of universal suffrage and proportional representation. Moreover, the Assembly includes heads of parishes’ councils acting on the territory of this municipality. All these officials are elected for a four-year term. The number of the Assembly’s members elected by direct voting always must exceed the number of those elected indirectly. The members of the Assembly elect from their composition the chairman who supervises its work. The competence of the Assembly is rather wide: it supervises the activity of municipal government and services, establishes staff structure and amount of remuneration, imposes taxes and approves loans in accordance with requirements defined by the law, create municipal associations, federations and other formations, gives recommendations on ways of city planning, represents local interests on national level, etc. Finally, the Assembly may form one more body 189 – municipal council. It includes representatives of different economic, social, cultural and professional organizations acting on the territory of municipality. It has functions of a consultative body of the Assembly on all current affairs. Municipal government consists of alkald (chairman of local body of authority) and fixed number of members who are elected simultaneously with the members of Assembly using the same principles.270 The main responsibilities of the government are to fulfill decisions of the Assembly, publish resolutions and by-laws adopted by the Assembly or the government itself, draw up financial report and a budget for the next year, prepare municipal accounts for Inspection Council, make payments from municipal fund, supervise the activity of municipal services and staff. Some members of the government may execute other orders not exceeding, however, competences of alkald’s government. Alkald (presiding the meetings of the government owing to the position occupied) usually is a leader of a party group that won elections or the head of this party. He is vested with the functions of a representative of municipality interests concerning relationships with bodies of power outside the boundaries of the municipality. He still has in his hands significant authorities in management of municipal affairs in spite of the fact that during the latest constitutional reforms and revision of authorities of local bodies of government the role of alkalds was reduced. Municipalities possess significant autonomy. Their financing is formed from three basic sources: direct (local) taxes, assignments from part of the state taxes and grants from state fund for support of financial position of local bodies of authority.271 Taxes under control of local authorities the level of which is established within the limits specified by law are imposed on real estate, means of conveyance (private boats, yachts, planes, cars, motor-cycles with side-car attached), fire brigade services (it is included into insurance policy against fire or is collected directly from tax-payers in case the houses and enterprises are not insured against fire), tourism (only in municipalities that have places of interest registered by law), selling licenses for dogs, hunting, possession of houses and hotels. Taxes are 190 imposed on reserves of water, liquid and gas fuel, advertising, use of public land, goods and services sales, share participation in the profit of municipal enterprises, etc. As for the support fund it is distributed on the basis of worked out formula with consideration to such factors as age structure, number of population, municipality’s territory, number of parishes and doctors, water and electricity intake per capita, etc. Receipts to the municipal budget from this fund make up to 50% of the total amount of income of the municipality.272 In case of emergency a municipality can borrow short-term loans. At the same time to cover capital expenditures it may take long-term credits. Mainly these transactions are executed through corresponding banks on the conditions specified by an agreement between Ministry of Internal Affairs and Ministry of Finance. Besides, the central government creates categorical funds from which local bodies of authority can borrow money for realization of housing development programs and bringing down unemployment. Reorganization of old municipalities and forming new ones is in the sphere of authorities of the Parliament. Nevertheless, in accordance with the law municipality acts as autonomous formation and not as a component of state bodies of authority. At the same time, it is stipulated by law that central government in order to observe the law has the right to supervise the activity in the provinces. Mainly, control functions are in charge of Ministry of Finance and Ministry of Internal Affairs. The control over the procedure of spending funds may be carried out not more than once in three years and investigations in areas of financial activity are carried out only when valid facts are available. Municipal reports on budget performance must be presented to the Inspection Council that checks their compliance with the law before they are submitted for consideration of local Assembly. According to the Constitution before one can take any actions limiting local autonomy (e.g. dissolution of local body of authority) it is necessary to have municipality’s opinion on this question. Such action may be realized only in cases specified by law. At the same time extraordinary elections are to be held within 60 days. The dissolution of Assembly may take place not more than once a year.273 191 Parishes (Freguesias)

Parishes originally arising as elements of church structure in the long run were transformed into administrative units, local districts covering from dozens of inhabitants in under- populated settlements to hundreds of thousands people in large urbanized regions.274Their area of activity is mainly regulated by availability of resources. These resources are rather insufficient in spite of the fact that parishes have the right to impose local taxes. Annual report on these taxes is presented to the Inspection Council that controls the total amount of taxes collected. The authorities of the parish depend on its ability to form local policy and influence its realization. One of the ways to influence this process is the chairman’s participation in the activity of municipal Assembly. Another way is having good personal business relationships that are acquired during the course of time due to the gained experience in the area of government and are used in the interest of the parish. Like municipalities parishes form two basic bodies – the Council and Board. The Council is elected by direct secret ballot on the basis of proportional representation. In contrast to municipal elections on the level of parishes it is allowed to include in the list of independent candidates who do not belong to any party. The functions of the Council cover working out of general policy in the parish, adoption of the budget and plan of actions and general supervision of the Board’s activity. From its membership the Council elects the chairman whose basic responsibilities include calling of Council’s sessions and holding Board’s meetings. The Board as on the municipal level is an executive body of the parish. It ensures fulfillment of Council’s decisions and also administers current affairs of the parish. The Council as well as the Board is 192 directed, as a rule, by the leader of the party that won elections.

Regions (Regiones Administrativas), Districts

Till the formation of regions districts will fulfill their functions of administrative units of state government275 In every district there is a Council consisting of representatives of the municipalities located on its territory. The activity of the Council is headed by the governor appointed by the center. In addition, the governor is liable for supervision of activity of different state bodies located on the district’s territory (mainly concerning observance of the law). In case of the law violation the governor may order to investigate the activity of local body of authority. The governor presides over the meetings of District Consultative Council that are held either by his initiative or by proposal of the district Council. This body consists of three representatives from each municipality. Usually they are chairman of municipal Assembly, alkald and the chairman of one of the parishes elected from the chairmen of the parishes. On the whole, the district is a weak point in the framework of state government structure. This led to a need for changes in the system of local authorities. The right to form administrative regions belongs only to the Par- liament. The territory of every such region should partially coincide with geographical boundaries of corresponding region of planned development. Defining boundaries of administrative regions is also the competence of the Parliament. This means that regions will act as autonomous supramunicipal bodies of authority. In this capacity they will coordinate activity of municipalities and administer regional (public in its character) services. Region will also play an important part in preparation and fulfillment of the development plan of the territory under control. All regions will have already existing basic governing institutions. At the same time their autonomous status will allow to keep certain distinctions reflecting peculiarities of local conditions. Organizational structure of the region should be approved by the majority of the corresponding municipal Council. The governing bodies will include the Council, Board and Consultative Bureau. The Council will consist 193 of deputies elected by direct secret ballot and also deputies – representatives of municipal councils provided the number of these deputies will not exceed the number of elected ones. The Council from its composition will elect Board with the functions of an executive body. Consultative Council will include representatives of cultural, social, economic and professional organizations in the region. In accordance with the Constitution of 1976 regional executive body will be elected by regional Council from its membership.276 On the Azores and Madeira islands which became autonomous in 1976 the government has significant authorities and political independence. In particular, they elect their own regional Parliament and consequently government.277 Thus on the Azores island the government is formed and acts on the basis of the law ¹ 39 dated August 5, 1980. This law stipulates that nine islands form an autonomous region that has legal authorities, its own administration and financial system.278 The main bodies of authority in the region are Assembly and its government vested with legislative functions that is formed according to the principle “two deputies from every electoral ward” (actually such districts represents every island) or district. In the aggregate, the composition of the Assembly may consist of 44 deputies elected on the basis of universal suffrage and proportional representation by secret ballot. In addition, two additional districts are created and each of them elects one deputy to the Assembly of the Azores, i.e. for the population of the Azores islands on the continental part of the country for those who live outside Portugal. Deputies are elected for four-year term (mainly according to parties’ lists though independent pretenders can also nominate their candidatures) and in case of being elected they get the right to represent not only their electoral district but the whole region. Competence of regional Assembly includes also the right of introducing proposals into National Assembly for adoption of laws affecting region’s interests, organization, management of community’s funds and public services and also administering of social and economic development of the region. The Assembly’s decision is necessarily forwarded to the representative of the center in the region 194 – the Minister of the Republic – for consideration from a constitutional point of view and also for subsequent publication. The Minister of the Republic has the right of veto. Executive functions in the region are vested with the government consisting of the chairman, secretaries and their assistants. The chairman is appointed by the decision of the Minister of the Republic following the elections results. On chairman’s recommendation Minister approve secretaries and their assistants. Regional government is responsible for its actions to regional Assembly that can reject proposed program of actions, blame regional government for its actions and even according to the results of voting concerning vote of confidence dismiss the government. Chairman and secretaries form permanent commission the task of which is to form general directions of regional government work. The chairman calls and presides over the meetings of the government. He is the head of executive power in the region. At least once a year he accompanied by secretaries visits all island territories and consequently executive committee holds its meeting. The members of the regional government are legally responsible for their actions. In case of disagreement with decisions of some members of the regional administration or government in the whole an appellation is sent in the Supreme Administrative Tribunal. Appellations against decisions of other administrative institutions and their fulfillment may be sent the corresponding administrative courts in Lisbon.279 In the regions the President of the Republic is officially represented by the Minister of the Republic. He is appointed by the President on initiative of Prime Minister. The Minister of the Republic defines the date of elections to Assembly, represents the President at the first session of regional Assembly, supervises prompt publication of decrees and regulations in the official organ “Diario da Republika”, appoints and removes chairmen of the regional government, approves on the initiative of the regional government secretaries and sub-secretaries and also coordinates the activity of local bodies in providing services to the population of the region. Besides, his responsibilities include adjustment of governing functions of the state and the region on the territory under control and if necessary (if, for example, the authori- 195 ties of regional bodies of power are stopped or regional bodies are dismissed) taking upon himself functions of administering current affairs.280 The central and regional governments act jointly in making decisions on a number of questions within the sphere of their interests. These are tax collection in the region, financial and monetary policy in the provinces, economic and financial situation, technical assistance in solving urgent problems, etc. However, there are many areas of activity where government preserves its control over local affairs. This, first of all, relates to the authorities of Minister concerning current affairs and his right of veto on decisions taken by the Assembly. In addition, decisions of the regional Assemblies with the status of laws should be presented for approval to the Parliament and issues relating to the regional competence may become valid not earlier than the 30th day when the Parliament functions and earlier than the 60th day when the Parliament is not in session.281 Island territories with more than one municipality have to form Consultative Council consisting of chairmen of corresponding municipal councils and their boards and also (without the right to vote) a representative of regional government. This body elects from its composition three people who are vested with the authorities to administer local affairs. The representative of the regional government is authorized to coordinate activity of all other regional officials and their councillors as well according to the decision of functional departments acting on the territory of the island. The region draws up annual budget and controls its performance. The main source of budget receipts is assignment from family estate income, local taxes including postal custom fees, additional tax on fuel and other oils and goods (sold cars, in particular). The region has the right to take loans, receive grants from the central government and income from selling stamps and coins. The Central Inspection Board supervises expenditures in the provinces.282

196 The United States of America

Continent: America

National Name: The United States of America

Another Name: The USA

Capital: Washington

Area: 9400000 sq. km.

Population: 2 7 1 , 2 90,000 people, average

197 density about 2 8 people per km 2 . Ethnic groups (according to race features): - white make up 83,4% of population (the main diasporas are the one of Irish, Italians, Jews, Russians, Poles, Ukranians), - Africans (mainly the decendents of slaves who were brought from African continent in the XVIII century) - 12,4%, - Asians and Pacific Islanders - 3,3%, - American Indians (Native inhabitants of the USA) – less than 1%.

A Brief Historical Outline: July 4, 1776 – The Declaration of Independence was adopted. 1783 – England recognized independence of the new state. 1787 – The Constitution of the USA was adopted. 1803 – The USA bought Louisiana from France. 1819 – The USA obtained Florida from Spain. 1828 – The Democratic Party of the USA was formed. 1845 – The USA annexed the territory of Texas. 1846 – 1848 – War with Mexico and the annexation of half of the Mexican territory (Texas, New Mexico, Arizona, a part of California). 1846 – Purchase of the Pacific coast from England. 1850 – California became the part of the USA. 1854 – The Republican Party of the USA was formed. 1861 – 1865 – The Civil War and the victory of the northern states in the USA. Slavery was abolished. 1867 – Russia sold Alaska to the USA. 1894 – The USA became the first in the volume of industrial production. 1898 – Spanish –American war. The USA gained the Hawaiian Islands, Puerto Rico and the Island of Guam. 1917 – The entry of the USA into World War I on the side of Entente. American troops took an active part in the numerous military ventures in Europe. 1 9 41 – The USA entered World War II. The American armed forces fought in Europe, Northern Africa, and on the Pacific Ocean coast.

198 September 2, 1945 – Japanese surrender and the end of World War II. 1945 – The USA is one of the founders of the United Nations. 1947 – The creation of Organizationn of American States. 1949 – The USA was the initiator of the creation of NATO. 1950 – 1953 – American involvement in the Korean War . 1965 – 1973 – The United States involved in the Vietnam War .

Geographical Position: It is a state in North America, it includes the peninsula of Alaska and the Hawaiian islands in the Pacific Ocean. It borders on Canada in the North and Mexico in the South. It is washed by the Atlantic Ocean in the East and the Pacific Ocean in the West.

Political System: Democracy

Head of State: President

Languages: English (official), nearly 32 mln people of the USA speak a second foreign language as well, the most popular with them are: Spanish, Chinese, Russian, Polish, Korean, Vietnamese, Portuguese, Japanese, Greek, Arab, Hindu, Urdu, Yiddish, Thai, Armenian, Navajo. Main Religions: Christians are the majority of the population. Among them Protestants - 5 6%, Catholics - 2 8 % , Israelites- 2%, other – 4%. Atheists- about 10%.

Type of Government: Federal Republic, consists of 50 states and the federal District of Columbia. The head of the state, government and the Commander-in-Chief is the president. The Supreme legislative organ is Congress.

Territorial System: Federation

199 The United States of America

During the last two centuries in the United States the system of dual sovereignty has been exercised which exists of state and federal administrations and a system of checks and balances. According to this system states have the right to regulate their assets, to tax, to earn an income, to adopt laws and norms and to exercise other sovereign activities. Advocates have the right for practice in states, in state courts and belong to the board of states’ advocates. In “The Federalist-39” J. Madison characterized dual sovereignty as “distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere.” He called for the conflicts to be settled by the tribunal.283 Local self-government in the USA plays an important part in socio-political life of the country. More than 55% of the administrative personnel are employed in self-government institutions of the USA.284 Municipal budgets make around 40% of the national budget income.285 Local self-government system is built on the basis of administrative and territorial division. The Constitution of the USA delegates to the states the authority of administrative and territorial division and establishment of local self-government.286 The Constitutions of 50 states set up quite various administrative and territorial divisions and different systems of local self-government. The states (excluding Connecticut and Rhode Island) are divided into counties (3042 in total) where the people elect Boards (Com- missions) of the County and also administrative positions, and some officials (sheriff, prosecutor, coroner, treasurer, etc.). Counties exist out of cities’ boundaries. Cities are excluded from counties. Local authorities of large cities have the same power as self-government bodies of the counties.

Legal Regulation

In the USA there is only one level of constitutional fixation of the 200 municipal bodies’ status – state level as the regulation of the organization and activity of local units is not included in the competence of the union and thus makes an exclusive competence of the federal units (Amendment X to the Federal Constitution stipulates that all the powers not specially delegated to the national government are reserved to the states as there is no reference to local government in the Constitution and thus this sphere is in the competence of the state jurisdiction).287

Local government is a subdivision formed by a state and it exercises powers within the limits of the state’s legislative system. Every state independently sets its own system, structure, authorities of the local organs, which in practice leads to a wide range of approaches to solving issues of local government in different states as well as to the variety of legal status of municipal units. In general there are three groups of normative acts that make legal basis of organization and activity of local government (e.g. the State of Virginia): Federal Acts are the Constitution of the USA,288 official decisions of Supreme Court,289 acts of the Congress of National League of Cities (published in National League of Cities Weekly).290 State Acts are the Constitution of Virginia (1971), Supreme Court decisions, acts of the General Assembly of Virginia ( these acts relating to organization of local government, authorities of local bodies, etc. are published as the Code of Virginia).291 Local Acts are local charters.292 The Constitutions of the states have the priority in the system of standard acts regulating municipalities’ activity. There is no uniformity between the states concerning the details of constitutional regulation of municipal government. The Constitutions of some states stop at making restrictions, defining the limits of municipal bodies’ activity while the Constitutions of the other states regulate the issues of their structure and competence more thoroughly. Thus, Article 89 of the Constitution of Massachusetts (1780) secures the peoples’ right of self-government, regulates the procedure of adopting local charters, defines the general competence and restric- 201 tions of the competence for local bodies as well as basic powers of state legislature in respect of local government.293 The Constitution of the State of Illinois (1971) contains the definition of “municipalities” and “territorial units of local government”, procedure of defining the limits of local government, structure of local bodies, their formation and activity, etc.294 Also, legislative state bodies adopt two more types of acts regulating local organs’ activity, such as complex legislative acts concerning specific unit of local government (e.g. towns’ laws) and the laws concerning specific branches of state activity. In the system of laws regulating municipalities’ status a particular place is occupied by private acts addressed to the concrete and specified in the law body of the municipal government. Formally, local government in the USA has always been under power of the state. And only since the middle of the XIXth century, as a result of reforms, the restrictions against legislative interference in local affairs were included into the states’ Constitutions.295 Consequently, many state legislatures were prohibited from exercising special legislature exclusively intended for specifically designated local territories. Thus, states could exercise only general legislature equally addressed to all local units.296 Notwithstanding the formal prohibition in overwhelming majority of states private acts continue to play an important part in the definition of municipalities’ legal status being one of the means of intervention of the state authorities in local affairs. The majority of municipalities have their own charters developed on the basis of state legislature. Charter is defined as fundamental corporation law establishing and controlling municipal powers, rights, responsibilities and privileges. Legislative bodies of the state have the right to adopt, amend and revoke these charters if there are no corresponding limitations in the Constitution. Quite often the adoption of charters is connected with “ home rule” principle.297 A state may give municipalities a right to exercise their powers on the basis of self-government principle (home rule). Thereby the local governments are granted the right independently, without intervention of the state: 202 1) to develop, pass and make amendments to their self-government charter; 2) to exercise all home rule authorities except the limitations that may be imposed by the state’s Constitution or by common law. Though, the states have not yet defined clearly the criteria of clas- sifying different issues under local affairs value so far the level of -mu nicipalities’ autonomy is rather relative and usually depends on the court’s discretion (and in most cases courts settle the disputes not in favor of municipalities). Consequently, granting a right for home rule in the majority of states is connected with the municipalities’ adoption of home rule charter while in other states the adoption of the charter is not binding and municipalities can act on the basis of common laws of the states. Judicial doctrines and precedents are featured among legal means of municipal activity regulation (it stipulated by traditional role of American courts in interpretation of the Constitution and laws and by the place that court decisions occupy in the system of sources of law). While defining the limits of municipal powers courts, as a rule, exercise strict interpretation of laws giving priority to the center.298 Despite the fact that Federation has no right to intervene in the activities of the authorities on local level the federal organs in fact influence the local government with the help of so called federal programs that stipulate providing financial help as a payment for carrying out federal actions and acceptance of administrative and other standards established by federal power. The reforming process of relationships between Federation, states and local government is nowadays defined by the program of“New Federalism” developed by the federal government.299

Types of Local Self-Government

Nowadays there are more than 79 thousand various administrative

203 units in the United States of America.300 A common city dweller usually deals with three or four different levels of administration simultaneously: county level, city and, perhaps, district level. Such division is necessary to facilitate the administration of local affairs. The rules and procedures for all these organs and structures are defined by state assemblies of the corresponding states. Though the majority of administrative-territorial units belong to above mentioned categories there are a lot of anomalies. All of them are the elements of national governing in the states. According to the census performed in 1999301 the ratio of the local government units in the USA is as follows: Counties – 3,042 Municipalities – 18,862 Townships – 16,822 School Districts – 15,174 Special Districts – 25,962 Total – 79,913 As one can see from the data supplied school and special districts make up more than half of all local government units in the USA.302 County

The county is the largest administrative and territorial unit in the state. The number of counties varies from state to state. There is not a single county in the states of Connecticut and Rhode Island. The counties’ governments diverge greatly in size (County of Los- Angeles has the area of 4 thousand square miles and a population of more than 7 mln people; County of Howard, state of Arkansas, has the area of 600 square miles and a population of about 11 thousand people) and their administrative significance (they play a very important part in rural regions and less important in the cities).303Districts and Towns This type of self-government dates back to the 17th century and nowadays remains in 21 states, mostly in the states of New England and in the Midwest.304 The nature of districts also varies from state to state. However, usually the district is the main subdivision of the county. Some districts 204 have a great significance in a sense of the territory occupied as well as the administrative functions performed, but the other district administrations play a less significant role. In the course of time as Americans moved from rural areas and small towns to large cities and their suburbs the concept of small towns and districts underwent changes: they turned into municipal corporations performing self-government functions in the cities’ districts according to state legislature.

Special Districts

Special districts, as a rule, are administrative organs created to provide specific services, such as schools, parks, sewer, sanitation, water supply, airports, etc. Their sizes may vary greatly. Many of them can be situated outside cities’ boundaries. The school district is one of the most widespread types of special district in the United States. In 1942 there were 108 thousand of such districts; but as the transport infrastructure improved, so also the strengthening of school districts took place. In 2002 there were about 15 thousand of them.305 Education is one of the main spheres of the states’ competence. Most school districts are subordinated to local authorities. School districts are controlled by school boards. As a rule, representatives of local people are elected to such boards. They determine school policy, curricula, funding, hire inspectors and in some cases fix the tax rate. In most states school district, performance control is imposed on the state body, usually called Department of Education or Department of Public Education. To solve the problems beyond the limits of powers of existing self- government organs special districts are created. One of the examples is the Regional Committee for Water Resources, but creation of such committees often divides the self-government process and makes it complicated.

Regional Units

205 Nowadays to solve the problem beyond the territorial and sometimes administrative limits of some states, counties and cities regional organizations are created. The creation of regional organs is often the result of agreements between states directed towards the solving of concrete problems, e.g. ecological that go beyond the scope of states’ powers. At all three governing levels of the country – federal, state and local – the creation of special territorial districts is practiced and financed.306 Municipal Governments

Nowadays about three quarters of U.S. population reside in one of 273 cities’ areas. Usually the city’s area consists of approximately 900 units of common and special government – counties, districts, cities, school and special districts and units of regional planning. The most widespread are cities’ administrations.307 1. Municipal Charter. Many cities in the USA have the right to establish their own governments which are the branches of the state government.308 Depending on historical and other specific conditions the municipal government may be created if citizens demand from the legislative assembly of the state the permission to form a district as an administrative and judicial unit. In addition, the state develops the charter and thereby grants powers to the city government where associated power authorirties exist. 2. Self-government. In order to support the concept of self-government many states include provision for self-government in their laws and constitutions. Thereby the state gives the right to local authorities themselves to deal with their own affairs. Self-government suggests the right to administer, define the type of government, to develop and perform the programs providing observance of the State Con- stitution and other legislative limitations. 3. Municipal Government Structures. The structures of municipal government define the separation of powers and liabilities between the elections and appointed officials of the city. Nowadays municipal governments of the United States have four basic types: mayor-council, council-manager, city commission and town meeting.309 206 Types of Local Government

Mayor – Council

Mayor – council type of government was borrowed from England during the colonial times. Colonial council had all the powers and a mayor was appointed by the colonial governor. City’s government functions were scarce and citizens of newly formed states were not willing to pass all the powers to one official. In this system of “weak mayor” the mayor’s powers were limited compared to the powers of the council, especially in the sphere of budget development and subordinate officials and employees’ appointment and removal. Mayor was the supreme official only by name. In the course of time city government in America changed: general governance of the city was transferred to the legislative assemblies of the state. The institute of city council elections was introduced though by limited electorate. Two chambers were created in most city governments and this used to continue in the XXth century. Dur- ing that period a mayor was not an independent official elected by people but was elected by the council for a year term and the duties were mainly ceremonial.310 In 1797 the city of Baltimore, Maryland, was the first large city to authorize the mayor to veto the orders of the council. In 1822 in Boston, Massachusetts, direct elections of Mayor were introduced. In 1830 the Mayor of New York received absolute right of veto. By 1850 the mayor became the main administrative official in many municipalities of the United States. Notwithstanding the tendency of strengthening mayor’s position, in general the council was the main body of local self-government in the XIXth century and the system of “weak mayor” was widespread in the United States.311

“Weak Mayor” Form

The main pecularities. The “weak mayor” form of government is

207 characterized by the powerful and relatively large council that perform administrative functions (such as budget development), appoint senior officials, and approve of hiring and dismissal of employees of lower level. Under this form of government there is a network of committees, administrative boards and commissions that exist and act mostly independently from city government. These councils are usually created either in order to withdraw a certain political function from political structures or due to uncertainty that city government is able exercise some activity efficiently enough. Besides the mayors’ position there exist a lot of other elective posts including the one of the Head of the Department. Mayor’s powers are to a great extent limited: the veto right is limited or there’s none at all; rights to appoint and dismiss officials are limited; there are no any significant administrative functions. Advantages and disadvantages. The followers of the “weak mayor” form point out that this was the original concept of municipal government, it is a historical tradition, and a great experience has been accumulated. This form proved itself to be a good one in many of small administrative units especially in rural areas. The supporters of this form came to a conclusion that representative assembly is empowered at most and meets all the needs of local self-government. The city of Minneapolis is an example of such a municipality with a “weak mayor”.312 The opponents of “weak mayor” form point out to the diffusion of liability and powers. There is no strong leadership and conditions to show professionalism in administration are not provided. Politi- cal vacuum typical for this form provides (especially in large cities) conditions for political “machines” functioning and various political manipulations. Collective labor contracts are of great importance under “weak mayor” form. In case these informal agreements are violated the local government is incapable of executing its tasks. “Strong Mayor” Form In the second half of the 19th century large American cities made an attempt to simplify the organizational structure, to consolidate mayor’s function and to consolidate some or all the municipal posi- 208 tions to which some officials were elected in separate elections. This resulted in “strong mayor” form appearance.313 The “strong mayor” form was accepted in the city of Brooklyn, New York, in 1880. In 1898 the city of New York followed this example.314 Citizens of large cities wanted to see strong and incorruptible administration. In many cases a strong mayor, responsible leader, politically accountable to people could successfully con- front the “machine”. Main peculiarities. “Strong mayor” form takes away executive power from the council and delegates it to the mayor. It removes the diffusion of administrative liability, provides for the budget of executive power and allows the mayor to be in charge of a unified administrative body. A “strong mayor” is not a member of the council, but has the right to veto all council’s decisions. As the highest city’s official the “strong mayor” is authorized to appoint and dismiss department heads and other public officers. The city council performs legislative functions as the necessity of scores of councils and commissions (so typical for “weak mayor” form) is removed. Advantages and disadvantages. “Strong mayor” form provides influential political and administrative governance of the city. It removes the fractured separation of powers, which is considered one of the main drawbacks of the “weak mayor” form. The “strong mayor” is responsible for running business in the city and has enough authority to do this. As a rule, this form simplifies the development and implementation of the policy. The council, free from its everyday administrative affairs, is able to focus on the main needs of the city. The opponents of “weak mayor” form claim that one and the same official performs both political and administrative functions, but there is no confidence that the mayor has necessary administrative abilities. Many cities, especially large ones, have overcome this contradiction, having authorized the mayor with the right to appoint a professional administrator. In this case the mayor reserves the right to function 209 as the head of the government and shoulder the responsibility to the public. Council-manager government as a form of governance. For the first time a plan of a council under the leadership of a manager was implemented in the city of Stanton, State of Virginia, where in 1908 the bicameral city council adopted a resolution establishing a post of “general manager”. The first city to have implemented this form of governing became Dayton, State of Ohio, where in 1914 to help the city to overcome the consequences of the flood a council headed by a manager was established. In the 20th century the use of this form in the municipal government has been growing faster than the others.315 Characteristics. According to its structure the pattern of the Coun- cil resembles a private corporation where the voters, a council and a manager can be compared with the shareholders, the board of directors and General Director of the corporation. Under the mayor there are several elected employees, usually only council members, who are, as a rule, elected by the council from its own body as the nominal leadership to fulfill representative functions and to preside at the meetings of the council as well. Directive legislative body is a council. A manager is a professional administrator working full time, who is authorized to deal with municipal affairs and who is appointed according to the contract concluded by the council. The manager serves as long as the council is satisfied with his or her work. Advantages and disadvantages. Supporters of the plan of the council under the leadership of a manager point out that when the city is governed by a professional manager the leadership is of a business-like, professional nature. Representing the population the council keeps the functions of political control. The opponents of the plan claim that it does not provide any powerful and efficient political leadership, and the manager is not directly responsible to the voters having only indirect supervision over the administrator appointed by the council. In their opinion, a manager may be even an alien who is entrusted to supervise the municipal affairs and who is here today, and gone tomorrow, and the 210 city is just a stage in his career.

Commission as a Form of Government

Between 1870 and 1891 a number of cities in the south of the country, e.g. New Orleans, Louisiana, and Mobile, Alabama, adopted commission as a form of government, but subsequently rejected it.316 In 1901 Galvestone, Texas, introduced a commission with three commissioners (one being appointed by the Governor and two others were elected by people). In less than a three-year period all five commissioners turned out to be elected by judicial bodies. After the restoration of Galvestone (suffered from strong hurricane) using this new form of government the city of Demone, Iowa, adopted this form in 1907. The innovations were introduced in the plan of this government form and as a result the form was created known as the Demone Plan including commission as government form plus legislative initiative, referendum, petition for withdrawal, non-party elections and the system of administrative growth on the basis of the official’s achievements and abilities.317 Characteristics. Commission as a government form provides the choice of a small number of commissioners (as a rule three, five or seven) that have all representative and executive authorities of city government. They collectively perform the duties of the city council, pass votes and decisions, collect taxes and make decisions on allocation of funds. Individually each commissioner is an administrative head of important state department, e.g. department of public works, police, fire prevention, public health or finance. Thus, only one commissioner administers each type of city services activity. When a commission acts as a city council one of its members (usually called a mayor) is a chairman of such commission. A mayor may be elected directly by population or commission. The mayor has no right of veto and administrative authorities beyond the limits of the city department that he is in charge of. At present this form of municipal government is used more seldom. Recently some cities including Birmingham, Alabama, Topeka, Kansas and Talsa, Oklahoma, changed their charters, adopting the council 211 with mayor as its head as government type.318 Advantages and disadvantages. The followers of the commission as a municipal government points out that historically this plan showed itself exclusively in emergency and the centralization of power and authorities facilitate the city’s management. The management on the basis of commissions gives power and authorities to manage the city to several people avoiding the possibility of power abusing when it is vested to one person. Commission as a rule create the mechanism of direct public participation in management ensuring legislative initiative, referendum and petition for recall. In the view of this plan’s critics the centralization in this case is simultaneously too large and too small. Too large because representative as well as administrative authorities are attorned to one and the same hands; too small because all city management is clearly divided to parts that are administered by separate commissioners. Besides, the opponents point to the lack of efficient management. None of the officials bears general administrative responsibility and there are difficulties with the person’s choice that possesses sufficient qualification level to represent peoples’ interests in the city council and to be competent, professional administrator heading a department of the city management.

Town Assembly

The town meeting form that can be rarely found beyond the boundaries of New England is the form of local self-government which started in the colonial period. It is a pure form of direct democracy as every voter has an opportunity to take part in the legislative process expressing their own opinions, trying to persuade the other citizens and by voting on different issues of social life. In New England town is the main form of government in rural areas and small suburbs. A town is an administrative area which includes the villages as well as undeveloped parts on its territory. Except the cases when the municipality receives the status of a self-governing unit, the town exercises most of functions which would in other districts be performed by the county.319 212 With the growth of population in this area some changes may be introduced in this form. According to a new plan, known as a Representative town meeting, the town voters choose a certain number of town dwellers (usually 100 or more) to represent them at the meetings. But this act does not deprive any other voter to be present at the discussions they have or to take part in their work. However, only the representatives have the right to vote. In those districts using representative town meeting, officials are elected to implement local laws. Characteristics. As a rule, a board of voters usually consisting of three or five people who exercise operational guidance in town affairs between the meetings, bear the responsibility for the town property, issue licences, manage the other town employees, and summon special town meetings. Chief Administrative Officer, In- spector, Treasurer, Constable, Board of Superintendents of Schools are elected by the voters or appointed by the electorate. The members of the town meeting often elect a finance commission that prepares town budget.320 Before holding town meetings, both regular and special, a warrant is issued, an official document where the date, time, venue, agenda, and also the sanction to hold the meeting is given. As a rule, the electors are responsible for the preparation of the warrant and its issuing. Advantages and Disadvantages. In opinion of the opponents of the town meeting, this structure is a pure form of democracy because it gives an opportunity to all voters registered to take part in any session. Excluding the structure of the annual meetings, the town meeting organizationally resembles the “Weak mayor” Council, with the only exception that there is no mayor at all, but there is a Chairperson of the Council, and nobody has veto power. More often the electors elect a manager to oversee the day-to-day operations and entrust him with the administrative tasks. In addittion, there are some certain complications with this form of government. It is difficult for the bodies of town government to draw up a long-term plan; attendance is extremely poor because the citizens cannot or do not want to spare their time 213 on meetings as sometimes they last for several days. Moreover, it is difficult to achieve understanding of difficult questions with the people and responsible attitude to voting on the agenda items as well. Preparation of the warrant containing the information on the meeting may also become a difficult task, especially in every item concerning the budget, every article of the budget becomes a separate issue of the agenda. In spite of all these difficulties the town meeting is still a viable form of local self-government in many regions. Some regions managed to overcome difficulties created by this form of government having appointed a city manager or administrative assistant officer to oversee the day-to-day operations.

Tendencies in the Use of Different Forms of Local Self-governing Bodies

The form of the institutions of municipal government used by this area is only a means. It is important for the purposes of the area governing, and the distribution of influence on different interest groups in the municipalities. Local cultural traditions play its own part in defining the type of governing bodies and in the form changing according to the situation. That is why there is not a single scheme of government that is suitable for all districts. According to the statistics of the United States Census Bureau, 1986, of 23 very large cities with the population of 500 thousand people or more, 19 were using a mayor-council, and the rest a manager-council. Of the 182 towns with the population 100 thousand and more, 77 (42,3%) use a mayor-council, and 102 (56%) use a manager-council, and only 3 (1.6%) use commission. None of the cities uses town meeting as a governing body.321 City Services A. Local governmental bodies exercise many similar functions as governments of the states, but the special emphasis is laid on the local services. This activity may be classified according to three basic categories: 214 1. legislative (developing and adopting of local laws and regulations), 2. judiciary (activity of transport and other municipal courts), 3. executive (activity of municipal government bodies and corresponding bureaucratic structures). Today the range of demands made on local government organs and corresponding spheres of municipal activity is unlimited. This includes education on all levels, civil registration in connection with city functioning (birth and marriage certificates, titles of ownership and other similar registration records), public health and social services, construction and infrastructure maintenance, libraries and recreation areas. List of forms and types of activities of local government bodies vary from area to area, although the following ones are more or less typical: 1. accommodation facilities, schools, parks, recreation areas, libraries, planting of greenery, stadiums, airports, bridges, public transportation; 2. police, fire-fighting and first-aid services, prisons, sewer, water supply, waste collecting and recycling, environmental protection, municipal services of communal and city economy; 3. control for land utilization, planning, zoning, protection of historical monuments, regulation of the property projects subdivision; 4. transport vehicles registration, driving license issuance, traffic regulation, license issuance for alcohol beverages sale, for professional activity, regulation of cable networks; 5. social services including education, public health, assistance to the poor, the unemployed, the youth, the aged, activity of local communities; 6. planning, economic development, judicial and legislative activities as specified above. B. City development, the main function of the majority of city administrations, deserves special attention. City development in the United States is characterized by a close interrelation between government and business structures that 215 represents an interesting model of enterprise privatization for the countries of Eastern Europe.322 City development as a rule is based on local initiative and activity, executed within the limits of special state regulations and state constitutions (with the support of the federal government in the period from the 1950 to 1970).323 In accordance with these regulations existing in the states local government organs have the right to acquire and free the territories and assign them to private organizations, companies dealing with the territories development and construction under contract where construction period, forms of allowable land utilization and financial benefit for corresponding district from such use of this territory are stipulated. After that the company developing this territory sells or leases out plots of land for living, commercial or other allowed forms of activity. These contracts ensure a profit for this company that allows it to meet financial and construction needs of corresponding municipal territory. The main advantage of this system is flexibility a private company carrying out the development of the territory may fulfill contracts with companies on housing, firms, commercial structures and other investors more promptly than government. Besides, the contract provides protection for local government and people as it requires from the company developing the territory to meet public needs. Nevertheless, this system has certain disadvantages. In cases when the company to develop the territory is chosen not thoroughly enough or when large economic grants are needed to attract investments the land may not be used for years. In addition, especially at the beginning this program may be used to exclude the districts where poor, low-income and minority groups live instead of developing the districts of residence of upper and middle classes. However, these problems may be solved as a result of carrying out realistic plans (where a special emphasis is laid on rehabilitation, restoration but not on destruction) that provide if necessary allowances to the poor for resettlement. The fact remains – the basic model of cooperation between private and governmental structures in city development contributed to transformation wide plots of land since WW II. C. This list of municipal services could undoubtedly be expanded. 216 However, to get the correct impression of these various types and forms of activity it is important to consider the list of five main city expenditures represented beginning from the largest per capita:324 Towns (up to 50 thousand): 1. Sewerage, sanitation and hygiene; 2. Main roads; 3. Police; 4. Education; 5. Fire prevention. Cities (over 1 million): 1. Social security; 2. Education; 3. Public health and hospitals; 4. Police; 5. Sewerage, sanitation and hygiene; 6. Sources financing activities of local government bodies. How towns and especially large cities finance the activities of the necessary services? À. Budget. All local government organs must prepare annual budget. Many of the states’ laws demand the local budgets to be balanced. As a rule, the heads of administrative departments make up the budget of their own organization in accordance with existing rules and limitations. Very often they hold intense debate in respect of the services and programs the government should finance and to what extent. Depending on the form of the local government organ and its structure these budget conflicts, as a rule, are settled by the head of the executive authority (the mayor) and legislative branch of authority (the council). B. Where does the income come from? Where do local officials draw income from to pay for the services provided? What are the main sources of income the local administration use? Firstly, the most important source of income is the one on property once used by the administration of all local organs. Property tax is collected on real estate (land and premises) and private property (e.g. 217 cars). These taxes are based on the value of property tax, imposed by the local administration.325 Another important source of local income can be income tax (collected in six states, mostly in the East), turnover tax on some or all types of goods sold in the city (in 16 states the local administration is allowed to collect such tax), penalties and fees (penalties are collected for the breach of the law, e.g. traffic violation, and fees for special services provided), special taxes are paid by the property owners for the government services they use, tax yield (e.g. on garages, house construction projects, markets, etc.) and by selling government securities (a certificate that guarantees repayment of the funds spent and the interest on them on a specific date).326 In addition to the local income sources the majority of local administrations receive economic aid from state governments and federal bodies. State funds are divided into two main categories: 1. General government support; 2. Grants according to categories to support specific programs or projects, e.g. road construction, social needs, education. Federal financial aid is also divided into two main types: 1. So called grant in the form of assistance; 2. Revenue sharing. Usually the first kind of assistance is directly granted by a certain federal department for a practical use. There are about 500 federal grant programs with different purposes (from policemen training to sewage control), however two thirds of federal subsidies are spent on social needs and road construction.327 The concept of revenue sharing with state administration and local authorities is the return of some portion of income collected by the federal government in this state to state administration and local bodies of power. However, now revenue sharing is no longer a financing source of local government bodies due to today’s financial difficulties of federal government. Earlier the income sources for local authorities were as follows: 31% from property tax; 31% from state administration; 218 8% from federal government; 7% from public utility enterprises proceeds; 4% from turnover tax; 2% from personal income; 1% from other taxes and fees; 16% from other sources. These estimations are based on general data for countries, cities, schools and special districts.328 Income distribution for some certain local government bodies may differ considerably from the data mentioned above. C. Bonds As long as government bodies exist there will be need for them to borrow money when necessary expenditures outrun income. These gains may vary, for example, from short-term to long-term capital projects. The ability of the authorities to borrow money depends in general on their creditors’ perception of the fact that the authorities are ready and able to carry out their commit- ments to pay the credit. Without such a request individuals and institutions will not voluntarily give money to the authorities. In some cases creditors expect to obtain full guarantee from the authorities. In other cases creditors may be satisfied with payments exclusively from certain income, e.g. income collected in respect of the activity of a specific institution (e.g. road duties or fees for making use of electricity).329 Many other factors will influence the terms according to which the authorities can borrow money. These conditions depend on the individuals and organizations to which it will be necessary to pay under debenture, e.g. to banks, financial institutions and individual investors. The type of financed expenditures depends on the guarantees provided by local authorities in respect of the payment under debenture (guarantees for liabilities of local administrations; mainly depend on the federal taxation of income). It is a common practice in the United States when local administrations do not use their right of prepayment in respect of debentures for a certain period, e.g. during the period of 10 years. This limitation is explained by the fact that debenture investors usually insist on this regulation.330 219 The above mentioned conditions are only some factors that influence public financing; many other factors should also be considered before the local authorities begin a crediting program. While developing such a program local authorities should take into account existing customs and special features of investors who are expected to buy debentures thus guaranteeing the best possibilities to prospective creditors by proposed debentures. The role of state management organs and local authorities (that are able to influence the environmental conditions) in the Federal Government activities is very significant. National government organs act in states and separate districts. In general, the activity of federal governmental units is not under jurisdiction of the laws of state and local governments and is not controlled by them. However, depending on the character of this activity state government organs and local authorities according to federal legislature are vested with certain rights in connection with proposed actions. These guarantees give the states and certain regions the possibility to play on the federal level a significant role in proposed activities having essential impact on environmental conditions, negative effect on historic monuments and also in proposed usage of the parks, historic districts, recreation areas and reserves. These measures of defense are applied if federal government organs offer to implement construction project, assign funds to do this or propose to adopt a resolution or exercise a policy. Local authorities are more closely connected with the concrete realization of the activity and, perhaps, more sensitive to its consequences and thus the opinion of the population of this area is able to insure environmental protection influencing the federal level. These procedures are regulated by a range of various statutes and administrative orders on the national level. They provide to a certain extent coordination of the activity of the government organs on different levels and one more form of check-and-balances in the federal government system. Local autonomy in the types where a considerable extent of centralization was earlier provided. 220 Power decentralization among the local government organs is an important opportunity to change the government structure and give the population the possibility to control authorities. There are at least two ways to solve this problem – to use the Constitution that local government organs are empowered to exercise governing in their region within the limits of civil legislature. Another way is by means of laws. In any way, the grant of authority to local government organs may give the officials of these organs instruments to meet (in the process of governing) expectations of local population.331 Powers delegated to local government bodies are the equivalent of national sovereignty on the local level. Among them there may be powers to adopt laws and legislative acts, tax and fees collection to finance local programs and projects, service management including recruitment and dismissal of local employees and policy in respect of culture, quality of living conditions, e.g. environment, land-utilization and preservation of historic heritage. Local government organs may be authorizes to adopt their own charter or Constitution regulating management of their affairs on local level. For example, before the federal government gives a grant to the state for a highway construction crossing the local park it is necessary to consult conservancies and study acts of national archives relating to such issues. One more example: if the national government is building a dam in a state this sate is informed about the significant impact of this project on environmental conditions and the result of the consultations is registered in the national archives.332 These guarantees of procedure character became an important element of relations between different federal government organs within the system of municipal self-governing in the USA. Survey of advantages and disadvantages of the municipal governing form in the USA Advantages - An old historical tradition; - Elective representative council meeting the needs of the voters; - Proved to be good in towns and rural areas; 221 - Strong leadership with centralized responsibility; - Facilitate the formulation of policy exercising; - A professional leader supervises the town; - The council retains the control over the policy; - The town governing is exercised similar to one of the company; - It acts well in emergencies; - Simple organizational structure; - Fast and determined policy carrying out; - The “purest” form of democracy; - All voters have the opportunity to take part in the governing of the town; - An old historical tradition; - Proved to be good in small regions. Disadvantages Weak mayor - Diffusion of powers and responsibilities; - Absence of a strong leader; - Political vacuum can lead to the appearance of bosses and domination of one of the parties in the political life. Strong mayor - The responsibility is too heavy for one person; - The Mayor cannot be a professional manager. Head of the Council - Absence of powerful and effective political supervision; - The head tries to usurp political functions; - The supervisor may be a non-native of the city seeking only to make a career.

Commission - One institution performs both legislative and political functions; - Absence of checks and balances; - Nobody bears general administrative responsibility;

222 - It is difficult to elect the legislators having abilities to govern. - Representative Town Meeting - It is difficult to exercise a long-term planning; - It is difficult to provide a sufficient level of awareness for all citizens; - Preparations of documents may become more complicated; - Very often annual town meetings experience poor attendance.

Municipal Manpower Policy

For the purposes of the development of the Russian system of local self-government the question how to pursue a municipal manpower policy in the USA may be of an undoubted practical interest.333 Manpower policy includes work, position and motivation of behavior inside this institution, “…and eventually, is aimed at achieving the goals of this organization effectively and thriftily with maximum utilization of all employees (at large)”.334 Let us consider the main aspects characterizing the work of municipal administration with the personnel. The dissociation of personnel management on different levels of American governing. As a rule, personnel systems in the USA on all levels (federal, state and local) act absolutely independently from each other (in spite of the fact that in some cases federal government establish standards of manpower policy in states’ governments and the states in a few cases provide maintenance of certain services in municipal body). It is typical that personnel systems of different levels of government do not have hierarchical relationships. Legal basis of municipal manpower policy. Each state has its own legal basis of municipal manpower policy that is different from other states as well as various levels of local government. Manpower policy of the cities is based, as a rule, on the following acts: 1) In relatively few cases (Massachusetts and New York) the cities enjoy state laws that may be applied to the personnel.335

223 2) It is common for many states to adopt general laws containing provisions on “civil service” applicable to different categories of the cities depending often on their size. 3) Special acts defining the limits of manpower system of specific cities. 4) Local charters. The cities enjoying the privilege of “home rule” adopt their own charters. Many of them include regulations on “civil service systems”. 5) Acts adopted by the municipal representative body. 6) Executive or administrative orders. In the absence of local charter or ordinance of the local representative body it is possible for municipal executive authorities to adopt orders containing clauses in respect of manpower policy. Local authorities may by means of local referendum decide whether the state’s law on civil service covers them. If the decision is positive the state must provide services set by the law (New Jersey, Mas- sachusetts, Maryland).336 The main characteristics of manpower policy in the cities: 1) Independence of civil service agencies. The most common type of corresponding organizational and structural unit of municipality is the commission on civil service or manpower government. Usually it consists of 3-5 appointed members who are employed for a long term and who are responsible for observing the law on the civil service. They may also serve as political government to establish general standards of manpower policy and to hear appellations. 2) Open competition (competitiveness) - a general principle for municipal manpower policy. It means that any person possessing the minimum of qualities required to hold a position may by means of exams take part in the competition to fill a vacancy. Lately some local ordinances on the civil service abandoned to some extent the principle of open competition and moved to a setting of higher skills standards, which to a certain extent limits broad competitiveness in holding positions in municipal service. 3) The concept “position”. The position is considered as a range of liabilities and responsibility assigned to this person. This concept is treated as the basic element of American public manpower system. 224 The initial fact is that a candidate is hired to fulfill specific duties for a certain sum of money. Selection of personnel to top managerial layers according to their educational achievements is in contrast with this concept. It is assumed that all further personnel advances are adapted to the person’s progress through different scales within the range of a class. In the system based on the concept “position” a person usually rises from the ranks through competitive exams similar with those for filing a vacancy (entrance exams). 4) Exams to fill vacancies on special positions. Many laws on civil service contain the following regulations: the exams should be practically oriented in their character and based on actual work that will be fulfilled by the person in charge of this position. This means that municipalities examine the candidates not to reveal their potential or their basic mental abilities but their knowledge of specific kind of work as a special level of responsibility, either for promotion or employment. In recent years this principle was modified on the level of exams for employment to municipal service. The essence of the new exams is to select those who have the potencial for growth in administrative work, but have no specific knowledges on the work they are going to fulfill. This practice is especially spread in respect of university graduates. But such exams are used only as entrance ones and for advancement they use the former ones based on the knowledge of the specific character of work.337 Thus, analyzing the system of organization of local self-government in the USA one can draw the following conclusions: The experience of the USA is proof that local self-government influences the federal relations mainly through party mechanism and also through pressure groups representing interests of local authorities on the federal level and in legislative organs of the states. In the USA as well as in most democratic states local self-government as a pressure group is well organized on a national scale. Associations of counties, municipalities, mayors, etc. that have their representative offices in Washington are politically rather influential. In the USA the initial stage of local self-government is based on several fundamental constituents: 225 1) The State’s obligation to guarantee self-government of local communities to which they have political right. In effect it means that most if not all of problems must be solved by people who confronted the problems. The solving of local problems under such conditions is probably the most effective. 2) To use the political right for self-government in full measure it is necessary to have a strong legislative basis. The law must guarantee the high extent of local autonomy, democratic participation of the population in the process of taking decisions in the provinces and firm financial basis. 3) There are 5 basic forms of local self-government in the USA. They are usually united by these very fundamental components mentioned above. These 5 forms reflect the experience of the country in achieving democracy on the local level and the necessity to do so that local democracy could provide effective local government.

Swiss Confederation

Continent: Europe

National Name: German: Schweizerische Eidgenossenschaft French: Confederation Suisse Italian: Confederazione Svizzera Rhaeto-Romance:

226 Confederaziun Svizra

Capital: Bern

Area: 41,300 sq. km.

Population: 7 , 2 6 0 , 3 00 people including over 1 , 3 00,000 foreigners; average density of the population about 176 people per sq.km. Ethnic composition: Germans - 65%, French - 18%, Italians - 10%.

A Brief Historical Outline: 1847 – Civil War and victory of the bourgeois revolution in the country. New federative state with the capital in Bern was formed in 1848 with the adoption of the Constitution of Swiss Confederation. 1923 – custom union with Lichtenstein.

Geographical Position: The state is situated in Central Europe. It borders on France in the west, with Germany in the north, Austria and Lichtenstein in the east and Italy in the south. It has no access to the sea.

Political System: Democracy

Head of State: Chief of the state and the government - the President of the Confederation, elected for a year-term by the Parliament in turn from the members of the government - federal councilors. Languages: German (it is spoken by 65% of the population), French (18%) and Italian (12%); about 1% of Swiss speaks Rhaeto-Romance language.

Main Religions: Catholics - 50%, Protestants - 44,3%.

Type of Government: Switzerland is a federative parliamentary republic. Administratively it consists of 23 cantons. Each canton has its own Constitution, Parliament and government.

227 Territorial System: Confederation

Switzerland

The history of contemporary Switzerland as a union of cantons - self-governing association of communities - dates back to August 1, 1291 when three cantons - Schwyz, Uri and Unterwalden (later dissolved into half-cantons Obwalden and Nidwalden) signed the Union Letter also called Oath of Ruetly.338 Since that time the union expanded and, having changed in the middle of the XIXth century from confederation into federation, exists up to now. In April 1798 when the troops of revolutionary France occupied the country on the decision of French Directory, Switzerland was reorganized into a unitary Helvetic Republic with the Constitution made according to the French pattern. Nevertheless, the Swiss used to self-government did not get accustomed to the unitary system and in February 1803 French had to return decentralized system of power to Switzerland. After the fall of Napoleon the Vienna Congress of victorious Euro- pean countries acknowledged in 1815 the independence and eternal neutrality of Switzerland having fulfilled its request. On August 7, 1815 22 Swiss cantons concluded Union Agreement. The Assembly of Cantons’ Representatives again began to control common affairs but this mostly came down to external relations and guarantees of internal peace. During the next decades cantons adopted constitutions declaring principles of people’s sovereignty and representative government. They violated the Union Agreement but the revision of this Agree- ment was not possible due to the differences between cantons. In November of 1847 seven cantons left the Union forming so called Sonderbund (Special Union). This attempt at secession was militarily suppressed by other cantons and in 1848 the Assembly of Cantons’ Representatives worked out a Constitution that was approved by 15 cantons and one half-canton and came into force.

228 The adoption of the Constitution in 1848 became the end of the process of federalization for the very fact of military suppression of the Sonderbund is evidence that by that time the country had ceased to be a confederation.339 In the first half of the XIXth century Switzerland was a kind of community based on the sovereignty of the cantons.340 To form a modern federal government the cantons had to delegate their supreme authority. The Constitution of 1848 could be changed only by double majority: voting citizens and voting cantons. In 1874 a new Constitution was adopted with the right to demand the holding of a legislative referendum. Later citizens received the right to initiate concrete constitutional amendments341 and only in 1971 were women granted equal political rights.342 It should be noted that such an evolution was possible only owing to the smallest cooperative and democratic structures, local self-government. They finally formulated their wish to live in peace making mutual concessions and compromises. Certainly, Swiss experience cannot be simply applied, partially or completely, to the political systems of other countries, but while analyzing the nature of Russian problems we can, perhaps, formulate ideas for creating new models based on basic theses of federalism advanced, in particular, by Denis de Rougemont.343 First of all, it should be noted that Swiss municipal system completely meets the inclination of Swiss people to diversity and democracy. In particular, it reflects a “struggle”, typical for Switzerland, between efficiency and wish of the population to keep originality. The problem of municipalities in Switzerland may be formulated in three words: heterogeneous, complex and actual reality. It is heterogeneous, first of all, because the status of municipalities is actually defined by the laws of cantons. This means that there are as many systems as cantons – 26. Standardization of the elements happens rather seldom even if it is important. In Switzerland there are about 2,900 municipalities with quite different status. Their autonomy was guaranteed by the Federal Constitution only since 2000. In some cantons municipalities are large and influential; in other cantons these are local associations having almost no power. The problem of municipalities is complex because the variety of 229 systems in addition to the diversity of questions confronting the municipalities defines exceptional variety of Swiss municipalities’ status. There are several types of municipality. This diversity is reflected both in the names of municipal associations and their institutions that are changing along the country and not only because of language differences between German, French and Italian. The problem of the municipalities is actual because they should be adapted to modern times and globalization that require increase of efficiency. Such issues as division of authorities between cantons and municipalities, financial levelling between rich and poor municipalities, priority of large and small cities and their suburbs are constant topic for newsmakers. 2. Heterogeneity344 of the system

Regulation of the status of municipalities is among basic authorities of cantons. Municipalities as such were included into the Fed- eral Constitution on January 1, 2000. This means that the municipal systems of various cantons differ substantially from each other and they have very few common elements.

2.1. Diversity of municipal institutions

Switzerland consists of 26 cantons with their characteristic peculiarities. Historically formed borders very seldom coincide with such components as language, religion, culture, geography or industry. Thus, it is not surprising that the 2,900 municipalities differ very much. The largest of them is Zurich with a population over 300,000 and the smallest – Largario in canton of Tessin consisting of 10 people. In the canton of Fribourg in La Man there are only 35 people. But besides such quantitative differences there are also ones between the types of municipalities.345 As a political association municipalities exist everywhere. They unite people living on this territory and simultaneously fulfill political and administrative tasks. They have different names in various cantons: «hemen», «ortshemen» (Glarus), commune (Fribourg, Neuenbourg, Wallis, Tessin), municipal commune (Berg, Wallis, Uri), 230 “Bezirke” (Appenzel), etc. But besides these traditional types of municipalities there are also so called “bourgeois”, “burghers’” municipalities (also called “bourgeoi- sies”, “burghership” or “patriciat” in the canton of Tessin) in 21 cantons and half-cantons. In some cantons there are also individual types of municipalities that fulfill special functions (churches, schools, social security or fire-fighting structure). The institute of municipalities is very complicated.346 So-called “bourgeois municipalities” are especially important because every citizen of Switzerland is presumably the native of a municipality. Swiss nationality is firstly based on a municipal one. For a Swiss a native municipality is not the place where he was born or is living now but the place where his ancestors got their citizenship. These “bourgeois municipalities” may dispose of some of their own products and in some cases distribute part of these products between their “natives” in the form of sums of money, timber or wine. These municipalities vary greatly in the level of well-being. They have their own organs and from time to time fulfill certain functions (social assistance, health care), but they are always regulated by cantons’ laws. 2.2. Brief review of social structure: few and, nevertheless, important uniting elements Municipalities have few common elements. However, they are important as they concern the very essence of the system and one of its basic parameters – finance. Swiss federalism is almost as complicated as high-precision Swiss watches. Not a large country347 it has three government levels: federal government (called “Confederation”); 26 “sovereign” cantons and half- cantons defining what degree of autonomy to grant local authorities; and 2,900 municipalities that are the basic cell of the federation.348 In the country main power belongs to the local organs of self- government. Without constitutional or legal basis neither Federa- tion nor cantons have such power. Certainly, since 1848 cantons delegated the bulk of their authorities to the Federation which limited their autonomy and consequently the autonomy of communes.349 Though such constitutional amendments were introduced in order to strengthen social justice and prosperity and not only to 231 limit the authorities of cantons nowadays there appeared tendencies to suspend centralization and try to return part of the authorities to cantons and their local organs of self-government. The great importance of local self-government has, among others, two significant consequences. Firstly, Swiss nationality is granted on a local level and, secondly, politicians always begin their career on the local level or proceeding to the cantonal one and, finally, to the federal level. From this point of view municipality is the best nursery for future politicians. As regards finances, all the municipalities have financial sovereignty (Art. 3.3), which gives them a remarkable autonomy but not a stable one if a municipality is really very small. They can impose taxes as a percentage of cantonal tax. This percentage is usually set by cantonal law and falls within the range from maximum to minimal.350 As a result, the Swiss state budget (receipts and expenditures) is divided into three parts: a third belongs to the Federation, a third to cantons and a third to municipalities.351 The example of Switzerland shows that one should divide sovereignty. All social associations possess certain financial sovereignty. They are guaranteed independence and, consequently, management efficiency is higher than in a pure executive system. Participation in the process of taking decisions is required from municipalities as well as from political parties and citizens. This is even more effective because they have unsurpassed “know-how” in local affairs. Smaller in size but not less creative they have to show flexibility and drive in fulfilling their obligations. Thus, while the local community is able to cope with certain task it should be provided with all the means to fulfill this task. In fact, it is only an implementation of the subsidiarity principle that was acknowledged on the European level under the Maastricht Treaty.352 2.3. Historical Reasons for Differences between the Systems of Various Cantons

From the point of view of municipalities this division of sovereignty leads to the fact that governing municipalities possess the main power in cantons and also that there are as many systems as 232 cantons. Different attitudes towards municipalities are mainly explained by historical reasons. Thus, decentralization is usually more functional in mountainous cantons where local communities being either communes, “Bezirke” (regions) or “Krez” (districts) have sufficient autonomy. In the XIXth century the canton of Graubunden even proposed introducing in their Constitution a regulation stipulating that cantonal laws should be approved by the majority of municipalities. Practically, this would mean introducing a bicameral Parliament on a cantonal level with a Chamber of Municipalities playing the role of the Council of Cantons in the Federal Assembly. The Federal Assembly voted down this regulation that happens very seldom.353 And vice versa, especially in western French-speaking cantons the relationships between a canton and its municipalities were built proceeding from French experience of power centralization and establishing differences between city elite and rural population. This resulted in the limitation of municipal autonomy and the emergence of such “city-cantons” as Geneva or Basel-Stadt where municipalities have very insignificant political weight. For example, in Basel-Stadt there are only one or two municipalities (according to the definition of municipality) except Basel.354 The degree of autonomy of municipalities depends on the cantons. But there is no theoretical conceptualization of municipal autonomy in cantonal Constitutions. Municipalities get their authorities practically on the basis of cantonal laws, rules and resolutions. All these legal documents provide municipalities with a certain area of activity where they act independently and at their own responsibility. In due course this predetermines municipal autonomy.

2.4. Relationships between Cantons and Municipalities

Since the smallest social community in Switzerland is a family so the smallest political community is a municipality that takes upon itself such basic tasks as housing, education and instruction, employment, culture, health, leisure or social security where the family itself is not able to cope with these tasks. However, during a long period of 233 time the conception of freedom had more to do with municipalities than persons. Cantons, on their part, had to solve the problems of defense, justice, economics and finances, especially when there was no Confederation. However paradoxical it may be, a small group of municipality citizens often tried to be distinguished from the majority and become an elite or even a local aristocracy. Confederation had to step in to guarantee basic political rights. This is one of the examples of complicated processes that resulted in the current intricate system of division of authorities between three levels. However surprising it may be, up to January 1, 2000 the Federal Constitution did not guarantee local autonomy. It did not even have a reference to this. For the Federation local organs of authority are fully dependent on cantons. Only in the most exclusive cases are they mentioned in federal laws, resolutions or programs. This is an illustration of the fundamental dualism of Swiss federalism: the strict division between federal and local organs of authority attaches special importance to the role of cantons which are not only centers of social and cultural pluralism of political democracy but also serve as bridges between national and local levels of government. 2.5. Protection of Local Autonomy by the Federal Court

The XXth century saw a broadening of Federation authorities in comparison with cantons. This change also affects municipalities. The Federal Court sees to this. The decision of 1936 recognizes the guarantees of municipal autonomy granted in accordance with a cantonal Constitution or other legislative acts; this means for the municipality the guarantee of having legislative and executive authorities where it uses them and where it is not submitted to the state government. These rights were extended in 1967 in the decision that protects any local authorities as municipalities have relatively wide room for maneuver.355 This decision is important because nowadays legislation often deals with general standards containing programs or vague concepts and this is what gives such wide possibilities for maneuver to the executive authorities. This means that executive power has no right to intrude into municipal autonomy without constitutional or 234 legal reasons. Equally, the fulfillment of federal and cantonal laws by municipalities is guaranteed as they have certain freedom for maneuver. The control over municipalities is necessary only if authorities of a lower level have a limited area of activity.

2.6. Amendments to the New Swiss Federal Constitution of 1999

Article 50 of the Constitution of 1999 put an end to the non-recognition of municipalities by the Federal Constituion.356 Giving due attention to the municipalities the Federation obviously acknowledges their great importance for cultural wealth of the country. However, municipal autonomy is guaranteed only within the limits set by cantonal law, i.e. this autonomy is defined by cantonal authorities. From a historical point of view it should be noted that Article 50 was the result of revision of the Constitution project of 1995. The Council of Cantons357 confronted another problem: is it also necessary to mention in these regulations cities and agglomerations? Some parliamentarians considered that this could upset the balance with respect to municipalities as traditionally the lowest level of decentralization. But, after all, the majority decided that cities and agglomerations should be included as these regulations constitutionally secured actual reality. The Council of Nations358 confronted the same problem but in another wording: is it necessary to introduce municipalities in the regulation on cooperation between the Federation and cantons?359 A small group of parliamentarians wanted the municipalities to be mentioned in this regulation, but this proposal was rejected according to the argumentation of speaker Joseph Dess: “If this regulation will read “Confederation, cantons and municipalities have to cooperate…” there will be an impression that these three partners have equal status and authorities that is obviously not in accordance with the truth”.360 These thoughts help to understand that even if municipalities are mentioned in the Constitution their authorities still remain largely dependent on cantonal laws. The regulations of the Constitution keep 235 for cantons wide authorities that they already had. Besides, such no- tions as “to take into account all possible consequences”, “cities” and “agglomerations” are so vague that this regulation does not radically change the system. This only means that the position of municipalities in the legislation of Switzerland has not yet reached that level of institutionalization that some would like it to be.

3. System Complexity

The territorial organization of Switzerland is characterized by complexity. As it was correctly noted by Denis de Rougemont, “the love of complexity is characteristic of federalism in contrast to the gross vulgarization of totalitarian regimes”.361 Despite the fact that some authors consider that federal regime is typical of large states (the United States, Russia, Canada, Australia) tiny Switzerland (42,000 sq.km) consists of 26 cantons and half-cantons (to be precise of 23 cantons with 3 of them being divided into half-cantons) and about 2,900 municipalities.362

3.1. Municipal Structure

We will examine only political municipalities that one can find in every canton. They have their own structure of two or three bodies. Detailed regulation depends on the canton but usually there are executive and legislation bodies. The executive body is usually called “Communal (municipal) Council” but there may be another name.363 The Council is elected by the citizens of the municipality and consists of 5 to 10 members. Its president is elected either by people or by Council (it is different in various cantons) and is called in different ways. The title “mayor” (usual in other countries) is rather seldom. The higher body of authority is the assembly of all citizens often called “Municipal Assembly.” In larger municipalities this assembly is replaced by “Municipal Parliament” which is usually (but not always) called “Chief Council.”364 If there is such a Parliament there should also exist direct democratic institutions (municipal initiative and municipal referendum). But at the municipal level the principle of power division 236 into legislative and executive is expressed less obviously; this may be a consequence of old cooperative structures.

3.2. The Tasks and Obligations of the Municipalities

The tasks that are not clearly secured in federal or cantonal authorities usually belong to municipalities. They should in addition control financial and administrative management on their territory. They are in charge of local book-keeping which should follow the cantonal instructions. Also they have to prepare a budget that will be presented for consideration to local legislative bodies, assembly or Parliament. Financial management is implemented first through financial commissions of the municipality and then through the cantonal administration as book-keeping supervision.365 The most important characteristic of local administration is the fiscal sovereignty of municipalities. Income from taxes and services usually makes the larger part of finances necessary for the municipality to fulfill its tasks. Though in various cantons the situation is different, municipalities actually are responsible for the construction of local roads and buildings, water supply and purification works, elementary schools, etc. More recently,such tasks on the following were added to the municipal authorities: social assistance, education, city and village improvement, environmental protection, sport, leisure, culture and cemetery maintenance.

3.3. The Principle of Subsidiarity on Cantonal and Local Level

In Switzerland the state sector is divided into three levels: municipalities, cantons and Federation. The distribution of tasks and finances is different in various cantons. It is supposed that the division of tasks between three levels of government occurs in accordance with the principle of subsidiarity. But the Swiss used to exploit this principle practically which is not as such secured in the Federal Constitution. Actually, and according to historical development the task is transferred to the higher level of the government as soon as the lower level stops 237 to cope with it. The efforts of conceptualization of this principle up to now have been unsuccessful.366 It is no easier to apply this principle at the local level. This was apparently stated in the report of government of Fribourg canton on the problem of subsidiarity on the local level: “This is a general principle that forms state structures “upwards”. It gives the pre- sumption of power to the municipalities that presumably provide effective statement of tasks. However, the difference between sizes and possibilities of municipalities in the canton of Fribourg shows that this principle can not be used equally for the statement of tasks. Strict implementation of this principle also could result in recognition of municipalities’ priority over the State. In this case the latter would bear only secondary functions which contradicts the principles of federalism.367

3.4. Distribution of Tasks at Local Level: Fribourg Example

There are a lot of bills on the division of authorities between social associations in spite of the fact that this is an extremely complex problem. At the federal level, for example, the old project on redistribution of tasks between Federation and cantons awoke a lot of hopes but, after all, turned out to be “storm in a tea-cup.”368 Due to the fact that in Switzerland legal changes happen very seldom a new project was begun recently that has to be more successful. Because of the different municipal charters in various cantons it is impossible to describe the system of task distribution at local level for the whole country. Let us take one of the cantons, for example Fribourg. This is an interesting example because the problem of municipalities there is studied more thoroughly than in other cantons (maybe, as a result of the fact that this canton is among the cantons with the largest number of municipalities). The distribution of tasks in Frieburg was studied by the Institute of Federalism on the instructions of the canton.369 The parliamentary initiative required the introduction of a bill dedicated to the

238 distribution of tasks between the canton and its municipalities. This requirement was supported by the political discontent of the canton and municipalities with the current state of affairs. Actually, the existing distribution of tasks, being the result of a long period of history, became so complicated that it resisted efficient principles of government. A new law was developed to regulate the distribution of tasks taking also into account financial elements. The main tasks were to be transferred to the level of authority that would fulfill them more effectively. Also it was necessary to establish the right of certain control, inspection, information and approval to make the process of taking decisions more effective. Swiss federalism has three levels but the borders between cantonal and local levels are not defined according to the principle of optimi- zation. These borders were formed under the influence of political, historical, socio-cultural, ethnic or geographical factors. As a result, any proposal to change anything in the definition of the borders (irrespective of its value) is immediately counteracted. Thus, it is very difficult to determine the political level that corresponds best of all to the solving of a new task and it is more difficult to transfer an already existing task from one level to another. After long-term investigation which took into account more than a hundred laws, the first bill in a kind of frame law was introduced which included three lists of basic tasks that were to be transferred to the municipality, canton or both levels at once. This model has an interesting scientific meaning, but nevertheless the canton rejected this frame law. Actually, the canton adopted only some amendments based on it. The first bill concerning approximately ten cantonal laws was introduced on August 16, 1995. These amendments were approved and became valid from January 1, 1997. The evidence of the political complexity of this problem is the fact that up to now there is no second bill.370

4. The Actuality of Municipal Problem

In spite of its complexity (or due to this fact), municipalities are not

239 political communities with their structure being secured forever. Vice versa, they represent a very lively formation that is constantly changing. The attention required by this complicated system is nothing else but the price that Switzerland has to pay for keeping diversity.

4.1. Mechanisms of Coordination, Solidarity and Financial Leveling

4.1.1. Solidarity and Cooperation at Inter-Communal Level

It should be taken into account that traditional political municipality is very often too small371 to provide the population with the necessary goods and services at the local level to the right degree of efficiency and economy. This obviously results from the comparison of some threshold valuations of number of the population with sufficient number of population. Then it becomes necessary to “establish over again” the municipality even by way of inter-communal cooperation if only some municipalities possess power and finances that compensate its small size. Municipalities are allowed to have their own funds. This is the consequence of their financial sovereignty. In connection with the differences between municipalities being sometimes very significant (population, territory, incomes) it is very important to provide an effective system of horizontal financial leveling (between the municipalities of a canton). However, there is a huge gap between theory and practice because it is very difficult to come to a political agreement on this question. But one cannot neglect this financial leveling because some municipalities are under pressure from citizens who have to pay excessive taxes.

4.1.2. The Project of Financial Leveling: on Example of Canton Vaadt

As far as division of authorities concerned it is impossible to consider this question in relation to the whole of Switzerland. Let us consider one of the cantons. Vaadt represents a canton consisting of many small municipalities.372 The situation is characterized by signifi- 240 cant difference between municipalities in spite of existing system of financial levelling that turned out to be inefficient.373 Some of the municipalities are very rich and thus can bear expenses on social needs, invest and work out benefit system without imposing too heavy tax burden on the citizens. Other municipalities, on the contrary, balance the budget with a great deal of trouble though their citizens pay very high taxes. There are various reasons for such inequality. They are related with age structure of the population, the geostrategic location of municipalities (for example with a view of the Geneva Lake or without it…) and also with additional privileges that they should offer citizens (especially in city districts) or even with the need to pay off local debt. However, in most cases the disparity between “rich” and “poor” municipalities results not from the difference in expenditures but in income especially owing to the presence (or absence) of “rich” tax-payers. The problem is that very often the availability of such rich people (or companies) is determined by factors that cannot be affected by municipalities (for example, picturesque landscape or economic development of the region). A vicious circle is created: a poor municipality has to impose high taxes and its rich tax-payers will move to other municipalities and it will become poorer. And vice versa, a municipality in a better position can support a moderate or even low tax burden and attract several “profitable” citizens by this. To “break away” from this vicious circle canton Vaadt took a number of measures, especially during the last 25 years. They are mainly contained (except for direct financial grants to the poorest municipalities) in the system of indirect vertical levelling. According to this system municipalities are divided into several categories (approximately 13 in the canton of Vaadt). Hence the accounts are made out and presented to all municipalities to participate in solving common problems.374 Rich municipalities pay more and poor – less. This system is analogi- cal to the federal one and it turned out to be equally useless. Thus cantonal authorities created a new system of horizontal levelling (directly between municipalities) and established a special Fund of direct horizontal levelling. In this context the term “direct” means that financial transfers were not more connected with certain tasks and 241 the situation was considered in the whole. From this point of view it is interesting to note that in canton Vaadt a social initiative aimed at the replacement of different standards of taxation in municipalities by common ones was completely rejected by voters in June, 2001.375 This again shows the strong devotion of citizens to local authorities and even their most ineffective peculiarities. In other words, this is the price that citizens are ready to pay for keeping diversity.

4.2. The Merger of Municipalities

Another very urgent question is the merger of municipalities. In so far as Swiss municipalities are usually rather (or very) small they often are not able to solve their problems effectively. Thus more and more people (specialists, experts, politicians) prove the necessity of merging small municipalities. But such merging is not usually welcomed the citizens themselves.

4.2.1. The Example of Fribourg

First of all, it is necessary to emphasize once more that in Switzer- land in proportion to its territory there are many small municipalities. At an average based on the fact for 7 million people and 42,000 sq.km there are 2,900 municipalities one Swiss municipality should represent 2,333 people on the territory of 14 sq.km, which is not a lot.376 France with alike ratio377 openly expresses its concern regarding the small sizes of its municipalities and their financial weakness. In this context it is easy to imagine that the solution lies in the merger of municipalities. But this is not true. In fact, despite all the ar- guments connected with the excessive number of municipalities, the situation radically changed only in cantons of Turgau and Fribourg. The situation with canton Turgau is rather peculiar. Changes took place within the framework of a big reorganization of municipalities in accordance with the new Constitution adopted in March, 1987 with effect from January 1, 1990. In paragraph 98.2 it is stipulated that this reorganization will take 10 years and its goal is to reduce the 242 total number of municipalities to 80.378 This purpose was achieved. The number of municipalities is reducing owing to the elimination of “municipal dualism” existing from the times of Napoleon when there were “municipal municipalities” (“Munizipalgemeinden”) and “local municipalities” (“Ortsgemeinden”) rather than merger. This occurred nowhere else except Turgau and these two types of municipalities were replaced by one. Thus, the unique experience of this canton cannot be applied in any other place. On October 20, 1998 canton Fribourg, which has “real” merger experience, published a report describing policy on the merger of municipalities. This report describes not only inconceivable differences (especially financial as in France) between municipalities and the necessity of municipalities merger that are able to cope with more complicated problems, but also the difficulties and expenses of a voluntary merger policy that guarantees the municipalities that such a merger will not result in poor financial position. In the conclusion of the report it is stated that in a crucial situation one has to inevitably think of compulsory merger and revise excessively generous financing. On November 11, 1999 the canton adopted a resolution on the merger of municipalities with effect from January1 , 2000 to Decem- ber 31, 2004.379 Municipalities that merged before that date were in a better position. Compulsory method was also discussed in neighbor canton of Vaadt.380 In the first analysis of the new cantonal Constitution together with acknowledgement of the difficulty of discussing this issue there were no numbers of recognized municipalities. However experts insisted on the need to reduce their number and at the same time pointed out the difficulties of merger and length of the process. Besides this expert group another group presented “non-official” research that is less diplomatic and states that the number of municipalities in a canton should be increased from 19 to 30 (Art. 84.2).381 It should be noted that this second group says nothing about the way of reducing the number of municipalities. Incidentally, it is interesting to mention that the canton’s voters completely refused any projects of compulsory merger, considering 243 this to be politically destructive. There is no better evidence of how strong is the people’s devotion to their municipalities. The method of interference is also not stipulated by the last Con- stitution of canton Neuenburg in Article 90.3 stating that the state approves merger of municipalities but there should be an agreement of the municipalities themselves.382 In other cantons there were minor changes. For example, the project of a new law on municipalities of canton Bern explains that in the canton one cannot follow the same resolute policy of merger as in the canton of Thurgau. Moreover, if the canton supports voluntary merger by way of consultative and financial assistance it is politically inadmissible and undesirable to force municipalities to merger without their consent.383 Also in the canton of Lucerne report of August 19, 1998 it is stated that a few cantons tried to reorganize their municipal systems and that neither of these territorial reforms had been finished up to that time.384 The explanation of this phenomena is given by another official document, i.e. the reply of the Zurich government on parliamentary inquiry concerning the minimum size of a municipality. The cantonal government in its reply pointed out that in Switzerland there was never any research in order to define the minimum economically acceptable size of a municipality, and that according to the research conducted by the University of St. Gallen administrative expenses do not depend so much on the municipality’s size. Efficiency is more the problem of structure than size. As a result it is more correct to strengthen inter-communal cooperation and the system of division of authorities than force municipalities to merge. Moreover, the merger of municipalities removes citizens from their historic roots which is extremely undesirable during this period of globalization and loss of local originality. The same conclusion is reached in Article 109 of the project of a new Constitution of canton of Bern where the principle of inter-communal cooperation is described, emphasizing the importance of municipalities with a status that was formed for centuries.385 Let us repeat once more that it is not surprising that centuries of 244 history and identity cannot easily be replaced by considerations of administrative efficiency and economic benefit.

4.2.2. Point of View of Local Communities on Merger

It is difficult to express points of view of local communities as their status is different in various cantons. But one thing is permanent: local communities are strongly devoted to their way of life which becomes apparent in their firm resistance to any merger. The canton of Fribourg consists of 254 municipalities, mostly of a small size. According to the list published in the Collection of cantonal laws, 19 of these municipalities number less than 100 inhabitants, 46 – more than 1,000 and only one (the town of Fribourg) more than 10,000. The majority of them number from 100 to 1,000 people.386 It is obvious that it is difficult to govern the smallest municipalities as they do not receive enough tax receipts if they have no rich tax-payers to cover necessary expenditures. Moreover, it is becoming more difficult to find citizens who are ready to be elected in municipal bodies. And, nevertheless, it is almost impossible to convince them of the need to merge for efficiency. For example, on October 17, 1995 the Parliament of Fribourg considered the draft law on the largest merger ever made in the canton: it was supposed to amalgamate four municipalities of Fa- van-le-Grand, Favan-le-Pti, Grenyi and Posa into one, Favan. The first such attempt was actually made in 1971 but it required 25 years of discussions to prepare the law. Its benefit is obvious as, for example, the municipality of Grenyi is so small that there were no candidates for elections of 1994. But to carry out this merger the canton had to spend more than 2 million Swiss francs as an “incentive bonus”. It means that to amalgamate four small municipalities 25 years of work and millions of francs were needed. This shows how difficult it is to change the structures when people identify themselves with these structures.387

4.3. Inter-Communal Cooperation

245 The merger of municipalities leads to so many problems that this very seldom happens. To improve the activities of the municipalities, cantons prefer to use inter-communal cooperation. The advantage of this is that it does not affect the boundaries of municipalities. This cooperation, for example, is envisaged in the new Constitution of Bern and also in all recent laws concerning municipalities.

4.4. Agglomerations

This is also a complicated question that is raised only by some cantons. However, relationships between municipality representing “city’s center” and its “golden zone” are very often not so easily formed. The center complains that it has to bear all expenses on infrastructure maintenance, especially public transportation and culture, opera houses and concert halls, theatres, etc. The “golden zone” in its turn is not interested in participating in these expenses. In the canton of Bern, for example, the expert commission on preparing a new Constitution considered that a special form of agglomeration is justified only in a few cases and, as a result, inter-communal cooperation is quite sufficient. Fribourg was the first canton to adopt the law on agglomerations, but to take measures on its fulfillment was practically impossible.388 However, agglomerations are mentioned in the new Constitution of 1999 in spite of the fact that sometimes this is disputed.

5. The Future of the Local Decentralization

In Switzerland there is still an open question: did federalism promote the correct functioning of democracy or democracy favored the development of federalism? Irrespective of the answer we should take care that the basic values and fundamental principles existing on the local level not to be lost in day-to-day political practice. Actu- ally, politicians in their programs orientate themselves for short-term goals paying no attention to the global consequences. On their part, courts are not always the best guarantor of maintaining the political and legal basis. Thus, questions concerning vertical federalism should 246 be considered the most important issues of the constitutional law and political analysis. Conducting research on the more than 700-year history of Swiss federalism it is easy to understand the general significance of local communities. Denis de Rougemont said: “A region should be a concord of settlements.”389 Larger formations are ineffective without autonomous municipalities as they cannot represent communities of people. Examination of the latest legal regulations concerning municipalities shows that municipalities are interested in making comprehen- sive legal researches on inter-communal cooperation and division of authorities. Certainly, municipal authorities in various cantons are different and their problems are not always the same. In the canton of Basel-Stadt, for example there are only 2 or 3 municipalities. During the period of globalization inter-communal cooperation should be strengthened. On November 1, 1995 the canton of Fribourg introduced legal amendment in order to achieve this goal. To broaden and strengthen the cooperation, raise the efficiency and drive of inter-municipal associations, better transparence of their activity it was decided that these associations have the right to follow several goals and that their delegates would be members of municipal executive bodies, that basic amendments to their charters should be approved by three fourths of municipalities and more flexible conditions for the intervention of cantonal Government in the issues of cooperation would be applied.390 According to the opinion of professor Bernard Dafflon, local communities may form and accept economic area exceeding municipalities’ borders; as a result, the development of inter-communal cooperation in Switzerland is the consequence of the excessive frag- mentation of local communities that prevents from efficiency.391 But mergers also have shortcomings: the emergence of additional local organizations fulfilling public functions results in the loss of the very essence of direct democracy and “excessive expenses” in the sphere of information and making decisions. As a matter of fact, in the federation structure there is a fourth link between municipality and canton. This makes a complicated system even more complicated. Thus, from 247 the point of view of democracy the merging of municipalities looks more attractive as the close connection between citizens and their basic political area is preserved. One can draw an interesting parallel between tendencies on municipal and cantonal level as both sides are ready to get closer to consolidate their positions. According to such common will, the canton of Fribourg was the first to prepare the law on agglomerations aimed at introducing a kind of intermediate level between the canton and municipalities. On the cantonal level there are the same inter- cantonal mechanisms that are something like intermediary structures between Federation and cantons. Both structures are newly-born but they represent the latest trend in institutional planning. They also express common interest in cooperation. The most incredible thing is that following appeals for merger on municipal level (despite the fact that they are poorly accepted by political reality) recently there were appeals for merger on a cantonal level. In several of the cantons some politicians very persistently call for merger of cantons or even changing of cantonal borders in order to replace 26 cantons by 5 or 6 “regions” that will have a certain “critical mass” comparable with European regions. One can hardly find a better example of dialectical conflict between efficiency and originality existing in our country. This is also a reminder of the fact that localization is supported at the emotional level. In 2000 Switzerland consisted of approximately 2,900 municipalities with an average population of 2,333 (2,150 people in 1986). Only in 16 cities does the population exceed 30,000 and in 230 municipalities there are less than 100 inhabitants.392 Municipality as a political unit exists everywhere. It covers all citizens living on its territory and fulfills some political and administrative functions. In various cantons municipalities are called in different ways. The situation becomes more complicated due to the fact that in 21 cantons there are also “bourgeois” municipalities (in Ticino –”patriciat”) and even special municipalities in charge of certain tasks: school, church, social security or firefighting service. In other words, municipal institutions are very complicated.393 As for political municipalities their organization and tasks are 248 defined in every canton in the whole according to the cantonal Con- stitution and are specified in accordance with cantonal laws. Executive functions belong to collegial body elected by the citizens of the municipality. In various cantons the name of this body and its head and election procedure are different. The legislative body in six cantons is the assembly of all citizens but in other cantons in large municipalities there are so called “municipal parliaments”. Municipalities have a lot of tasks that are part of a developed local autonomy. Each municipality has its own rules made by this municipality and ratified by cantonal power. Besides, the canton is in charge of supreme supervision. One should remember that municipal authorities in various cantons differ a lot. Usually they include the following tasks: internal organization, municipal property management, finances, granting Swiss citizenship to foreigners where there are no bourgeois municipalities, primary school, sometimes secondary school (if there is no special school municipality), local police, social security, local city and village improvement, machinery, environmental protection, water and electricity supply, sport and culture. Finally, it should be mentioned that in various cantons municipalities have different degree of financial autonomy and there are as many systems of financial levelling as cantons. However, municipalities have real financial sovereignty and can impose taxes within certain borders defined by the canton. As a result, the budget of Switzerland can be roughly divided into three parts: a third belongs to the Federation, a third - to the cantons and another third to municipalities which according to international experience is too much.394 In addition, the small size of Swiss municipalities and the complexity of the system as a whole require changes and efficiency evaluation including merger of municipalities and improvement of mechanisms of financial levelling. How paradoxical it may be, today these trends are simultaneously worked out on both local and cantonal level. The complexity of the municipal system shows how in Switzerland they highly value diversity and also demonstrates the connection between municipalities and the democratic bases of society.

249 ÑHAPTER III. SOCIAL AND LEGAL EVOLUTION OF LOCAL GOVERNMENT AND SELF-GOVERNMENT OF RUSSIA

Turning to history of the Russian state, we can trace back the main stages of the formation and development of self-government of Russia in order to take into consideration historic experience when defining and clarifying goals and tasks that should be solved by the government and society.

§ 1. Zemsky Reform of Ivan IV1

It was a reform aimed at abolishing the system of kormlenyi2 devastating the country; it vested broad authorities in “zemsky” and “gubny” starosta*, elected by the people. The task of zemsky and gubny powers included mostly carrying out missions of the central government on management (first of all, of tax collection). The solution of local problems was considered a thing of secondary importance. However, a clear progressive element of the reform was the introduction of electoral basis in all spheres of government. The ÕVIIth century declared war on the reforms of the ÕVIth century, bringing to nought the idea of local independence and elective positions. “Crowned” officials, voivodes** replaced “elected people” of the ÕVIth century and in fact became uncontrolled heads of the oblasts* and uezds**.

§ 2. Local Government under Peter I

Since the reign of Peter I there existed three systems of local government in Russia. They were bureaucratic, zemsky*** and class systems that tied up with one another and very often changed their primary

250 character: organs of a pure class system performed the duties on general government; the organs of zemsky origin sometimes did not differ from the bureaucratic ones in their official position and the character of activities. The first reform of local government under Peter I was the establishment of burmeister chamber3 and zemsky izby in the towns. Their composition was elected. Izby collected income and administered duties, imposed on «merchants and business people». However, the general management of the city affairs was not laid on them. In 1702, izby starostas were abolished and their affairs were transferred to voivodes and elective noble councils, without which voivodes could do nothing. In 1710, the Gubernators* became the heads of gubernias**, and since 1713, there were boards consisting of the governor and from 8 to 12 landrats.4 In 1716, gubernias were divided into parts and landrats were made their leaders, and consequently local administration again became sole. To collect taxes zemsky chamberirs, commissioners, rentmeisters were established. In 1719, gubernias were divided into provinces that were controlled by the voivodes who concentrated all functions of governing in their hands. Subordination of voivode to the governor was rather insignificant; voivode could get in touch directly with the organs of the central government. Uezd administration consisted of zemsky commissioners, clerks and supervisors; all these officials were elected by the nobility. The bureaucratic element abolished the activity of zemsky izby and brought city economy into a decline. Peter, «in order to pull together this scattered temple», established elective magistrates in different cities with the main magistrates (1721) in St. Petersburg. They were in charge of “not only merchants, but also the administration of the city, police, its everyday affairs and court”. The court was withdrawn from the governors and voivodes and was given to elected landrichters and nadvorny courts. Even when Peter was still alive there was antagonism between bureaucratic organs (the governors and voivodes) which were supported by the collegiums, on the one hand, and zemsky element (the uezd and city government and court), on the other. In the time of Peter’s

251 successors the elective court was abolished and judicial power was transferred to governors and voivodes (1727); both the main and the city magistrates were cancelled. Governors and voivodes were made the only bearers of power; in the cities and uezds a few elective positions under the full control of voivodes were kept as people’s duty. § 3. Local Government under Catherine II

Firstly by individual measures and then by a large scale reform Catherine II re-created the whole of local government on the basis of decentralization and local self-government. This reform was successively secured by the De- cree on Gubernias of 1775 (its second part was issued in 1780),5 Charter to Nobility (1785)6 and Charter on the Rights and Benefits of the Towns (1785).7 The next radical reform in the sphere of zemsky and town administration was held in the second half of the XVIIIth century under Catherine II. In the opinion of the majority of specialists, this reform left deeper traces than the attempts of Peter I both in Russian legislature and in the further practical activity of town and zemsky institutions. The necessity of the reform was caused by numerous abuses of local administration and the widely spread discontent of people with the existing system of governing. In 1766, the manifesto on election to the commission of deputies from all localities and posts to discuss local needs was issued. Noblemen sent one deputy from each uezd, and town dwellers one deputy from the town, other social estates and ranks one deputy from the province. Elections of the deputies and handing in mandates to them were held under the guidance of elected leader of noble communities and elected head of the town community. In most mandates the idea of necessity of formation of local self- government with the participation of public forces and limitation of authorities of state officials was expressed. As a result the legislative acts determining and stipulating individual principles of local self-government on the territory of Russian Empire were developed. The most important reforms were formulated in “Decree on Management of Gubernias of All-Russian Empire”. Before the reform the territory of Russia was divided into twenty-three gubernias, sixty-six provinces and about one hundred and eighty uezds. According to the “Decree” the empire was divided into large territorial

252 and administrative units - gubernias, which in their turn were divided into smaller units (uezds). In the next twenty years after the beginning of the reforms the number of gubernias increased to fifty. This new division into gubernias and uezds was done on the basis of strict administrative principle, without taking into consideration geographical, national and economic conditions. The main aim of this division was adaptation of a new administrative state machine to fiscal (tax collection) and military (recruitment) objectives. Division was carried out according to the size of population. On the territory of each newly formed gubernias there now lived about four hundred thousand people, and about thirty thousand on the territory of an uezd. After making several transformations the former territorial organs were abolished. Governors were entrusted with management of gubernias. The upper organ of gubernia to deal with administrative affairs was gubernia’s board, and treasury chamber on financial issues. Supervision over legitimacy was carried out by guberniya’s prosecutor and two guberniya’s scriveners*. In uezd the same tasks were solved by an uezd scrivener. Uezd administration was headed by a zemsky (district) police officer elected by uezd nobility. A collegiate organ of government (lower zemsky court) was formed. Besides a zemsky police officer there were two assessors. The zemsky court supervised zemsky police and observed the laws and guberniya’s board’s solutions being put into practice. The supervision over several gubernias was entrusted to a Gov- ernor-General**, appointed and discharged by the monarch. The governors were subordinate to him and he was the commander-in- chief on his territory, he could introduce emergency measures and directly address the emperor. The Governor-General also had broad authorities to supervise over all local government and justice. The Guberniya reform of 1775 strengthened the power of governors and, having broken up the territories into smaller units, placed local administrative organs on a firm foundation. With the same aim some special police, punitive bodies were created and the judicial system was transformed. As a result of judicial reforms the lowest court for the town dwellers was town magistrates, the members of which were

253 elected for a three-year term. Courts of Appeal for the town magistrates were guberniya’s magistrates consisting of two chairmen and assessors elected from the population. State peasants had legal proceedings in uezd lower rasprava* where criminal and civil cases were considered by the officials appointed by the authorities. The court of appeal for the lower rasprava was the upper rasprava. The reform of 1775 tried to separate the court from administration and provide people with more rights to solve local problems independently. However, on the whole this attempt was a failure: the governors had the right to suspend the execution of judgements, some sentences were to be approved by the governor. The chairmen of all courts were appointed by the government, and the representatives of social estates** could elect only assessors. A number of cases were left for consideration of the police bodies. To administer the local improvement an all-estate “Prikaz* of public care” was created. The dvoryanstvo** as a local community received the right to hold regular meetings, elected the marshals*** of gubernia and uezd nobility, secretary, assessors of the upper zemsky court, an uezd judge and assessors, a zemsky police officer, and the assessors of the lower zemsky court. Catherine II pressed for creation of a number of local organizations from all social estates providing them with the rights of self-government and also to entrust these organizations with the performance of all the functions of local self-government. The division of the empire into gubernias and uezds, the creation of local self-governing organs where not only the appointed officials, but the local elected members were sitting, provided the opportunity to decentralize government to a considerable extent and to create individual self-governing units in the provinces. The main legal document for providing the necessary basis for the development of self-government in the towns was the “Charter to the Towns” with the following materials of Ulozhennaya commission used for its preparation: Shop Charter (1722), Charter of Blagochiniya (1782)**** and Decree to Govern Gubernias (1775), Swedish Shop Charter and Statute on Broker (1669), Prussian Craft Charter (1733), Legislature of the Towns of Livland and Estland.

254 The Charter secured the unified social estate status of the whole population of the towns regardless of profes- sions and occupations. A unified legal status was based on the recognition of the town as a specially organized area with a specific administrative system of government. Town dwellers as well as nobility were given the rights of a corporate organization. With the permission of the administration the town dwellers could gather to hold meetings where they could elect burgomasters, assessors for a three-year term, and also starostas and judges of slovesny (verbal) courts for a one-year term. The meeting might address the local authorities with appeals and exercise supervision over observance of laws. The town community was recognized as a legal entity. Participation in town community might be exercised from the age of 25 years old and was limited only by property qualification (the need to pay annual tax of not less than 50 rubles). In 1786 first in Moscow and then in St. Petersburg, and later in all other towns of empire, town dumas were created. Town dumas had the following competences: maintenance of peace, consent and decency, settling of intra-estate disputes, controlling the town construction. Unlike town halls and magistrates the town duma was not in charge of legal cases — they were solved by special judicial bodies. Though initially it was supposed to have a complex multi-chamber composition of the town duma reflecting the interests of different social estates, very soon in most of uezd towns a simplified self-government was introduced. It was the assembly of all members of town community with a small elective council with the representatives of different groups of urban population in order to fulfill current affairs. In small town settlements all self-government was mainly represented in the person of so-called town starostas. In 1785, the project of “Rural Regulations” was developed, it con- 255 cerned the conditions of state peasants. Rural community as well as the nobility and the town dwellers were given the rights of corporation. Rural people should receive the right to elect executive organs of self-government and social estate court in the communities, and the opportunity to address local administration with appeals. However, this project did not become law. In 1782 “Charter on Decency” was issued; it regulated the structure of police bodies, their system and the main areas of their activity with the list of deeds punished by the police. The main sources of “Charter on Decency” were: “Decree on Guber- niya”, materials of Ulozhennaya commission, foreign police standards and legal treaties. The main organ of police department in the town was the board of decency, a collegiate organ that included a chief of the town police, a chief-commandant or governor of a town, police officers of civil and criminal cases and Ratmann-councelors elected by people. The city was divided into “chasty”* and “kvartaly”** according to a number of buildings. In the parts the head of the police department was a chastny police officer, and in the blocks – a kvartalny police inspector. The guberniya’s authorities supervised the police: the guberniya’s board solved all the questions of appointment to or removal from the police posts. The police departments in the capitals were controlled directly by the Senate. The main task of the police was “maintenance of order, decency, good-behavior.” The police observed the implementation of the laws and decisions of the local organs of power, the morals and entertainment, controlled abidance of church and public order. If necessary the police took measures to look after people’s health, municipal services, trade and people’s provisions. The police also stopped small criminal cases passing their own judgements, held preliminary investigations and criminal retrievals. Though the reforms of Catherine II had more considerable influence on the increase of efficiency of territorial government than the reforms of Peter I, according to the opinion of the specialists, local self-government under Catherine II suffered the same fate as landrats introduced by Peter I. As the “Decree on Guberniya” gave the appointed officials the right to 256 control and supervision over the organs of self-government, their practical role was relatively insignificant until the reform of1 864. The common structure of local government set by these laws and preserved until the end of the XIXth century was as follows. A Governor-General headed gubernia, being the sovereign’s deputy, he was vested with broad authorities to supervise all local government and courts. The actual administration was entrusted to governors; the upper establishment in a gubernia was the gubernia’s board for dealing with purely administrative affairs, and treasury house to deal with financial issues; their officials were appointed by the government; the considerable part of administration was transferred to «prikazes of public care», whose composition was elective. Uezd administration in the person of district police officers and «lower zemsky court» (purely administrative establishment), was also elective, but elective judicial establishments had a rather complicated organization. Under Catherine II the nobility received corporate structure for the first time. To elect the officials of local administration and court, to discuss issues proposed by the government and to meet the social estates’ needs, gubernia’s and uezd’s assemblies of nobility were established. To manage the social estates’ affairs the marshals (gubernia’s and uezd’s), noble deputy assemblies and trusteeship offices were established. Cities also received social estate cooperative structure, all the affairs of local services and police were transferred to «all-town duma» and its executive organ, «shestiglasny duma»*; but at the same time governors of towns and chiefs of the town police were introduced whose relations to duma were not firmly determined. A judicial organ in the town was an elective margistrate. The main bases of Catherine’s reform - decentralization, election to posts, independence of the court - were distorted under Paul I. After accession to the throne, Alexander I came back to the sources of decentralization and self-government and to Catherine’s institutions. In the first half of the XIXth century these institutions were partly rearranged, and this considerably altered their character. Owing to the range of authorities vested in him and that they were not clearly defined Governor-General’s supervision became highly personal and autocratic in nature; after several attempts to reform this position it 257 was excluded from the list of common gubernia’s positions in 1837 and left as an exception, due to these or the other political conditions, only in the remote districts. General supervision over gubernia’s institutions was transferred to the ministers. The authorities of the governors and gubernia’s institutions were changed by the wide mandate to the governors in 1837 and creation of gubernia’s board in 1845. The nobility elections took place under the direct control of governors, and elected officials were not different from the appointed ones.8

§ 4. Local Government under Alexander II

By the end of the reign of Nicholas I the decline of city government reached incredible proportions. In fact ministries and local administration almost everywhere abolished dumas, both common and shestiglasnys, having accepted their functions and transferred them to the institutions created without permission, bringing the city economy and government to complete disorder. Emperor Alexander came to power (February 19, 1855) at one of the most difficult moments that Russia ever had. «Passing you my team, but unfortunately, not in the order I wanted it to be, leaving you much work to do and problems to solve», Nicholas I told him dying. Indeed, at that time political and military situation in Russia was close to catastrophic one. The reign of Alexander II seems to be an outstanding epoch in relation to the development of local establishments and local government. During the first years of his reign Emperor Alexander II the government was engaged in preparing of the reform on emancipation of the peasants. Alexander II considered serfdom to be the main drawback of Rus- sian life. By that time the idea of abolishing serfdom became very popular with the “upper stratum”: with the government, officials, nobility, intelligentsia. There were 25 million serf peasants in the country. At the beginning of 1859 Editing Commissions headed by Y.I. Rostovtsev were created to process the projects of the reform of noble committees. The Commissions began to prepare the project 258 of peasant reform. In September 1860 the developed draft of the reform was discussed by the deputies sent by the noble committees, and then presented to the upper state organs. By the midth of February 1861 the Regulation on peasants’ emancipation was considered and approved by the State Council. On February 18, 1861 six years after his father’s death, the emperor was praying at his tomb in Peter and Paul’s Cathedral for a long time. On the next day, February 19, he was brought the documents on abolishing serfdom to sign. Alexander II ordered everybody to leave the room. The tsar wanted to be in private with his conscience. On February 19, 1861 Alexander II signed two documents: 1. Manifesto “On the gracious gift of rights of the state of free rural dwellers to serf people”; 2. “Regulations” on peasants emancipated from serfdom. These two documents are the essence of peasant reform. The Manifesto was announced in both capitals on a great religious holiday – Holy Sunday – March 5, 1861, and in other cities during the next week. It was as if the authority apologized to Russian peasants for all the offences it had caused.

The Manifesto and “ Regulations “ touched upon three main problems: · personal emancipation of peasants; · vesting land to them; · reacquiring deal. Personal emancipation of peasants. The Manifesto gave peasants personal freedom and general civic rights. From that time a peasant was able to own movable and real property, to conclude bargains, and act as a juridical person. He was released from landlord’s care, was able to get married without permission, enter a service and educational institutions, change his place of living, be transferred to the social estates of petty bourgeoisie and merchants. The government took into account that the idea of individual, private freedom was alien to peasants’ consciousness. That is why community was at first preserved. Community ownership of land, redivision of land allotments, solidarity when taxes are paid and duties carried out were 259 retained. Peasants were the only social estate that paid poll-tax, bore recruiting duty and could inflict a corporal penalty. Vesting land to peasants. Vesting land to peasants was governed by the “Regulations”. The sizes of land allotments depended on the fertility of the soil. One could divide the territory of Russia into three zones: black earth, non-black, and steppes. In each zone the largest and the smallest sizes of land allotment were set. Within these limits a voluntary deal between the peasant community and the landlord was made. Their relations were finally sealed by charters of regulations. If a landlord and a peasant could not come to an agreement the arbitrators were involved to settle the dispute. In different regions peasants received from 2 to 4 dessiatinas* of land per capita. To conduct a commodity economy a peasant needed from 5 to 8 dessiatinas of land. As a whole in the country peasants received 20% less land than they cultivated before the reform. So, the term “pieces” appeared as if such pieces were taken away by landlords from peasants. Peasants continued to consider this land to be their own and fought to return the pieces up to 1917. Reacquiring deal. On receiving land peasants had to pay its value. The peasants had no money necessary for the redemption of land. These peasants were called “temporarily liable”. For the landlords simultaneously to obtain redemption the government granted to the peasants loans to the amount of 80% of the allotments’ value. For a period of 49 years the peasants had to repay the loan to the state at 6% per year. Redemption money was abolished by the government in 1906. The remaining 20% was to be paid to the landlord by the peasant community. Until the peasants repaid this 20% they had to pay the landlord quitrent as in former times and fulfill some conscrip- tions. The reacquiring deal did not infringe upon landlords’ rights and did not worsen the financial position of the state. All expenses on carrying out of this reform were to be borne by peasants. From 1858 to 1863 the reform of appanage peasants (belonging to the emperor’s family) was carried out, and in 1866 the reform of state peasants. This was followed by the reform of local self-government and

260 emperor Alexander II remained true to the principles that Peter I and Catherine II tried to implement: his task was “full and consecutive development of the local self-government bases as far as possible” with complete separation of court and administration. These were the grounds for zemskaya reform (January 1, 1864) and city reform (June 16, 1870).

Zemsky reform. The «Regulations on Zemsky Establishements» were intended to replace the system, prevailing in the regional institutions of that time, of bureaucratic governing that was widely used in the times of Nicolas I. The experience showed the absolute unfitness of managing the life of the regions by means of directives from the center (from the capital). The needs of local life were very different and comparatively trivial, in each place both the needs and the means to meet those requirements were very often so different from the needs and means of other regions that only locals, who are well aware of them, are able to make them clear. The Russian Empire was spread over an immense space, including a lot of gubernias and oblasts with a variety of climatic zones, population, and at a longer distance, these local peculiarities faded; from the remote window of the minister they were not even seen very often, that’s why the regulations sent from there, for all the good intentions of the executive bodies, frequently turned to be unpractical or erroneous, inap- propriate to either purposes or means, and very often late. The local life conditions were well known only to the permanent residents of the area; but the official sent to the province (a governor, a district police officer) at the best was only a temporary guest, unfree in his actions, interested primarily in precise performance of the instructions given to him; and, finally, he was not able to notice everything. That is why the new Regulations were based on the idea of separation of the issues of exclusively regional or zemsky character from the state ones and transfer them to the local officials: they were better aware of them, they were interested in the welfare of the region, they were supposed to find the funds or ways to meet the needs of the region easier. Actually, central state institutions (the senate, state council,

261 ministries) indeed provide general regulations and show the direc- tion the life of the state should follow; they are a so-called political “tuning fork” of people’s life; that’s why the measures taken by the central government will always be general, common for all parts of the country. Arrangement of zemsky affairs.There is a zemsky assembly and zemsky board in each uezd; there is a zemsky assembly and zemsky board in each gubernia — all of them are elective, on the non-class basis. The right to be elected to uezd’s assemblies was given to: à) local landlords, but not from peasantry; á) local peasants; â) residents of this uezd’s city. The uprava* of uezd consists of 6 people elected from within itself by zemsky assembly. This assembly is called once a year (except in an emergency, e.g. to take measures against famine); uprava meets regularly. The assembly gives regulations, controls, the uprava puts the decisions of the assembly into effect. To some extent, the assembly is a legislative power and uprava is an executive power. Zemsky assembly and board of gubernias are based on the same principles as the ones of uezd. Bodies of uezd deal with the affairs of its uezd, and organs of gubernia deal with the affairs concerning all uezds equally. The chairman of uezd’s assembly is the marshal of uezd’s nobility, and the chairman of gubernia’s assembly is the marshal of gubernia’s nobility. The government control over the actions of zemsky assembly and boards is held in local governor’s hands. Primarily zemsky establishments were opened in 33 central gubernias; and later they were expanded to the distant areas: to western gubernias, to Stavropol, Astrakhan’and Orenburg ones. City reform. City reform was analogous to the zemsky reform: like the latter it created self-government for the population of oblast’, uezd, so «City Regulations» provided local self-government for urban people, with the right to run its city economy and help the development of enlightment in the cities. City duma consisted of elected glasnys** and corresponded to uezd’a meeting, city board (uprava) (elected from representatives) — to zemsky uprava. Providing the cities with the opportunity to manage their life, the government left to itself only the right to ensure that the actions of duma and uprava

262 did not go beyond the limits of their rights. City reform was carried out in the same way as the main reforms of Emperor Alexander II. Creating all-class management, the new law brought closer separate classes of urban population. The common management of local economy was entrusted to elective zemsky (uezd and gubernia) assembly and city duma, the executive bodies of which were upravas elected by a correspondent assembly or by Duma (zemsky - uezdny and gubernsky - urban). Voting right was specified by property qualification. In zemstvo the elections were made up on class basis; emancipation of peasants allowed to impart zemsky representation not a narrow noble (as it was at Catherine’s time) but of all-class character. Zemsky and urban establishments were not subordinate to local administration, but their activity, from a legal point of view, was under the very powerful control of bureaucracy, in person of the Minister of Internal Affairs and governors. In spite of serious shortcomings in organization of city and zemsky establishments, they played an important part in the process of regulation of local government and satisfying the needs of people in the sphere of education and medical care. Between zemsky and urban establishments, on the one hand, and bureaucracy, on the other hand, there soon appeared some conflicts, because of differences in the character of each of them. To a considerable extent, the uncertainty of the positions of zemstvo and city created scope for confrontation: the competence of the social management organizations was not clearly defined. Bureaucracy systematically interpreted the powers of bodies of self-government as limited ones, which contradicted the character of zemsky and city regulations, and, thus, significantly reduced their independence. § 5. Local Government under Alexander III and Nicholas II

During the reign of Alexander III Zemsky Regulations (June 12, 1890) and City Regulations (June 11, 1892) were revised. New City Regulations significantly narrowed the circle of people having the voting right: as the result the number of electors were reduced by three or four times. The number of glasnys in Duma were reduced by 263 half. The uprava was put in a more dependent position on the Duma, the rights of the head of the city were expanded, but the members of the uprava began to depend on the central administration to a substantial extent (e.g., the governor received the right to remove them from their positions). As regards St. Petersburg, the new regulations resulted in dramatic reduction of a number of voters (by 3.5 times) at the elections. In 1893 53 people were elected to the Duma, the situation was repeated in the elections in 1897. For St. Petersburg the situation changed in 1903, when the “Regu- lations on Public Government of St. Petersburg” was adopted for the capital. The circle of electors was expanded, though because of property qualification only a small number of people took part in the elections (in 1912 a general list of voters consisted of 17,969 people – less than 1% of inhabitants), there were 162 members (glasnys) of City Duma elected for a six-year term. Every three years the composition was renewed by half. City Uprava consisted of 12 members including the Head of the City. The roles of Heads in the Duma and in the Uprava were divided. Uprava had its own administrative machine, consisting of an office, a register, a treasury, archives and 9 departments. City bodies received greater independence: a list of issues that should be confirmed by the Minister of Internal Affairs was reduced. The importance of estate foundation in zemstvo increased: the role of nobility was strengthened , the peasants were deprived of the right to elect glasny (they were appointed by the governor from the candidates selected by the peasants). The most significant innovations were subordination of the actions of the bodies of self-government to control of bureaucracy over this actions not only from the point of view of legitimacy but from the point of expediency as well. The situation with peasants underwent dramatic changes: according to the law of July 12, 1889 peasant self-government found itself under control of zemsky department heads and to a certain extent was subordinate to them. The peasants and other people of lower estates living in rural areas became personally dependent on zemsky head, who had the right to incur a penalty on them without any trials. Thus, the difference between the privileged and unprivileged estates was considerably increased; it was not only persistently held by the administration but was often taken as a 264 starting point of the legal practices. Zemsky heads appointed, according to the common rule, from the local nobility were given wide powers over the local population. The right of the peasants to manage land allotment was limited not only owing to administrative and senate interpretation of the Regulations of February 19, 1861, but also owing to new statutes (Law on repartition of June 8, 1893, Law on inalienability of peasant holdings of December 14, 1893). According to “Regulations on gubernia’s and uezd’s zemsky establishments” of 18909 the elections of glasnys were also based on a three-class system with domination of the nobility estate in its foundation: the first class was formed by inherited and personal nobility; the second class – other electors; the third class – peasants. A number of glasnys was still defined by a special “Schedule” in uezds of every gubernia. Besides the nobility was legally provided with a bigger number of represenattives than all other classes together. On average, each uezd had about: 16 represenattives from the nobility, 9 from peasants and 4 form other electors. The elections of first two classes were held at zemsky elective assembly. For personal participation in such an assembly it was necessary to meet the following requirements: 1) to have Russian citizenship; 2) to be not younger than 20; 3) to be a male; 4) to have certain property; 5) to be a person of decent behavior. In the place of people under age but meeting all other conditions, guardians and trustees could take part in the elections. Coming of age electors (who were 21) but under 25 could also transfer their right of participation to guardians and trustees who had their own personal right of participation in elective meetings. Female persons did not have the right to vote and they were able to delegate their right of participation only to their male relatives (fathers, husbands, brothers, sons or grandsons). 265 Property qualification was defined by the ownership of land for a period of not less than one year according to the property right (lifelong ownership). This should be within the boundaries of uezd with certain number of dessiatinas or other real estate in the amount stipulated in the law for every uezd and valued at not less than 15,000 roubles. Charitable, scientific, educational institutions, trading and industrial communities and other companies established in Russia on the basis of the laws of the Empire meeting this property qualification, also had the right to take part in the elections via their representatives. Small proprietors of property or land, having 1/10 of full property qualification had the right of collective vote. At the special meetings, they elected representatives to zemsky elective assemblies. Legal entities were also deprived of this right.10 For every full property qualification established for participation in zemsky elective assemblies there should be only one representative. To define the right to take part in zemsky elective assemblies and congresses either land qualification or property qualification was considered, as it was not permitted to determine the voting right on the basis of two different but not full kinds of property (ownership). The following categories of people were deprived of the right to vote as the persons who did not satisfy the requirement to be of “righteous, decent behavior”: 1) subjected to court for crimes leading to deprivation or limitation of the rights of property, or removal from service, as well as for theft, fraud, and other acquisitive offences in the cases when they were not acquitted by the legal organs; 2) dismissed (removed) from a position by court verdict for a three- year term since the date of that decision; 3) those who are under investigation and trial on a charge of crimes leading to deprivation or limitation of the rights of property, or dismissal from a position; 4) subjected to insolvency (bankruptcy), except persons recognized by the court as so called “miserable”; 5) banished for vices or expelled from within the membership of 266 corresponding estate communities and nobility assemblies under so called estate condemnation; 6) being under open supervision of the police (persons under secret surveillance were allowed to vote). Besides, the following officials and public officers did not have the right to take part in the elections: governor, vice-governor, manager of treasury, clergymen and ministers of Christian confessions, local members of prosecutor’s control, police officers of gubernias. The people of Jewish confession were forbidden to take part in the elections, until the revision of the regulations acting concerning such persons (Art. 16, Note 3).11 The lists of electors were made up by uezd’s zemsky uprava and were published 4 months before the day of elections (with a possibility of making changes and corrections). One month before the elections revised lists were published, and after that no changes were allowed. To become an uezd’s zemsky representative from the first two classes of electors two zemsky elective assemblies were to be called: only inherited and personal noblemen under the guidance of the marshal of uezd’s nobility took part in the first meeting; in the second meeting participated other electors and representatives of legal entities led by the city’s head. None of the people at the elective meeting could have more than two votes – one by the personal right and the other by the representative right.12 At every assembly and congress only the people who were the members of this assembly or congress had the right to vote. The elections of zemsky representatives from the peasants were conducted via the system of indirect elections. So, according to the “Regulations” of 1864 volost’ meetings elected voters in a number not exceeding 1/3 of volost’ assemblies, and the latter elected the representatives. According to the “Regulations” of 1890 this system was changed. The two-tier system of elections was replaced with the appointments of representatives by the administration from the number of candidates offered by the volost’ meetings. Each volost’ meeting elected 1-2 candidates, whom the governor approved of as the representatives, according to the present “Schedule”. In addition, 267 not only the representative was approved, but also a list of candidates to the representatives was determined. On October 5, 1906 Nicholas II signed the Supreme Decree, under which: à) rural people were given the right to take part in the second elective meetings and congresses, regardless of their participation in the elections of representatives from rural communities of a corresponding uyezd; b) the rule of governor’s approval of zemsky glasnys of rural communities from the candidates elected by volost’ meetings was cancelled; and the practice was introduced according to which the candidates themselves were to elect the necessary number of glasnys from within its composition and determine the turn of their entering upon office. However, neither the “Regulations”, nor the Decree touched upon the issues connected with the terms of the voting rights of peasants. Thus, all members of the rural communities, who were by law allowed to participate in the village and volost’ meetings, were able to take part in the elections. Thus, the peasant-householders who were part of the rural community had the right to take part in the rural gatherings and the elected from the same householders participated in the volost’ gatherings according to the following standard: one person elected from ten households. In addition, participation in the gatherings was not legally limited, neither by gender, nor by age or by ownership. The householder only had to be registered in this rural community and to be a person of “righteous, decent behaviour”. Volost’ gatherings could elect not only their members as the candidates to glasnys but in fact any householder of the volost’ (but such a decision had to be approved by the Senate). Candidates to glasnys elected by volost’ gatherings were called to a special assembly by the marshal of nobility of uyezd to elect their chairman. The elections of glasnys were regulated by the common rules on the elections of glasnys in zemsky elective meetings. By the 1890s zemsky institutions were introduced in 34 gubernias of European Russia. Nevertheless, as N. M. Korkunov wrote, “New regulations did not establish any organic and inner unity of zemsky 268 and state basis. Only the balance of the former consistent dualism was upset in the sense of strengthening of government influence on zemsky structure. There is no unity, no harmonious merging, and there is only former split into two, but with a different tinge.”13 Since 1911, the “Regulation” of 1890 (though with rather significant amendments) was spread over 6 western gubernias. The main aim of introduced modifications into the “Regulations” was to provide predominance of people of Russian origin in zemsky department. At the same time national departments of zemsky elective assemblies and congresses were created. In 1912, zemstvo was introduced on the territories of Astrakhan, Orenburg, and Stavropol gubernias. Thus, by the beginning of the XX century 43 gubernias were covered with zemsky self-government.14 Gubernia’s zemsky assembly consisted of gubernia’s glasnys and members due to their position.15 Gubernia’s representatives were elected for a three-year term by the uezd’s zemsky assembly from within the representatives of those assemblies. The number of gubernia representatives was determined for every uezd’s assembly by a special “Schedule”. Depending on gubernia, their number varied from 15 to 62. The smallest group in size in gubernia’s zemsky assembly consisted of members due to their position; they were: all uezd’s marshals of nobility; since 1899 – all chairmen of zemsky departments of gubernias; chairmen and members of gubernia’s uprava; local heads (of agricultural department and the department of state property); managers of specific okrugs*; a deputy from a clergical institution, if the head of the eparchy finds it necessary; the representatives of other institutions interested. Gubernia’s marshal of nobility, who was one of the higher officials and was appointed by the sovereign, headed the work of gubernia’s zemsky assembly. The terms of activity of zemsky assembly were determined by special regulations common for both uezds and gubernias. The representatives swore and exercised their powers free of charge. Volost’ gatherings could allocate special allowance to their representatives at the expense of volost’s dues. Zemstvo also had the 269 right to allocate special allowance to a glasny if he fulfilled the powers entrusted to zemskaya uprava by law. Any glasny could incur different penalties, such as: a reproof, a fine or suspension from zemsky assembly for failure to carry out his duties. Speaking of the work of zemsky assemblies, it is necessary to mention that according to the law there were two possible kinds: regular zemsky assemblies and special zemsky assemblies. Regular uezd’s zemsky assemblies convened not later than on October 1 and lasted for 10 days. Regular gubernia’s assemblies convened not later than on December 1 and lasted for 20 days. On the initiative of the Minister of the Interior or governor the duration of the session could be prolonged. Special session was called either by the governor, or the Minister of Internal Affairs to consider the issues that were related to the competence of such meetings. Gubernia’s zemsky assemblies were opened and closed by the governor,16 those of uezd - by the chairman of the meeting. Agenda of zemsky assemblies could include the issues for consideration suggested by the governor, zemskaya uprava, chairman and the members of the meeting, or on requests or complaints of private people. Tentative consideration of the questions to discuss at the meeting could be given to special commissions, formed from the glasnys.17 The executive powers in the scale of uezd or gubernia were vested to the following organs of zemsky self-government: gubernia’s zemsky uprava and uezd’s zemsky uprava.18 Upravas consisted of a chairman and two members. According to the resolution of zemsky sobranie a number of people in uprava could be increased up to 4 members, and with the permission of the Minister of the Interior in gubernia’s uprava - up to 6. The positions were taken for a three-year term via the elections in the corresponding zemsky meetings. In addition, all people who had the right to vote at zemsky meetings could be elected. The chairman of uprava was elected from among the people who had the right to enter the state service. People who were related by marriage at first rate (elated by marriage – a spouse and her realtives), related at the direct line – without any restrictions, and at sided till the third rate including could not serve simultaneously in one and the same zemsky 270 executive establishment. If according to the “Regulations” of 1864, only chairmen of the upravas were to be approved, then according to the “Regulations” of 1890 both a chairman and the members of uprava were to be approved. The positions of the members and the chairman of uezd were approved by a correspondent governor, and the chairman of gubernia’s uprava - by the Minister of Internal Affairs. Zemsky assembly had the right to elect two or more people for the same position, one of them was later confirmed in this position and the others became candidates. The chairmen and member of the upravas were considered to be in the state service. They exercised their powers for payment, and the amount was determined by zemsky meeting in advance, before the elections. The amount set could not be changed (either increased or reduced) until the new elections. To govern separate branches of the economy zemsky assembly could elect zemsky agents and form special commissions of glasnys. To control the activities of executive zemsky bodies divisional administrators were elected. If to manage this or that sphere some special training or knowledge was necessary, upravas were allowed to hire employees who formed the staff of zemstvo. The range of the issues under control and the rate of “powerfulness” of zemsky establishments were rather wide. A range of the issues under control of zemsky institutions were “matters of local needs and uses” of gubernia or uyezd. As stated above, “public” (“economic”) theory influenced the preparation and holding of the reform of 1864 that limited the competence of zemstvos with so-called “household needs”. This peculiarity of zemstvos’ competence was cancelled by the “Regulations” of 1890, where an exhaustive list of issues under control of zemsky establishments was secured. Thus, zemstvos were vested with the following duties: 1. public health care; 2. public education funds and taking care of those; 3. social charity; 4. improvement of local communication lines; 5. zemsky post; 271 6. mutual zemsky property insurance; 7. construction; 8. aid to local agriculture, trade and industry; 9. liabilities to split taxes; 10. carrying out of monetary and natural zemsky duties; 11. satisfaction of requirements of state administration and court vested to zemstvo (provision police officers with apartments, expenditures on police guard, arrangement and maintenance of arrest houses, expenditures on call to military service and recruiting, etc.); 12. firefighting protection. As the juridical list of things under control of zemsky establishments was exhaustive, zemstvos were not able to give legal advice to those concerned.19 According to common rules, the affairs within the competence of zemstvos were under the authority of both gubny and uezdny zemsky establishments. At the same time, some issues were related to exclusive control of gubny zemsky bodies: issuing of obligatory resolutions; obtaining loans; mutual zemsky insurance; arrangement of fairs, bazaars and landing stages (Art. 63 “Regulations”, 1890). Ac- cording to the “Regulations” of 1864 and 1890 gubernia’s zemstvo had the right to petition to central government for local uses and needs (only through governors), but since 1904 this right was also given to the uezd’s zemstvo. The governor sent in an application to the Imperial name or to a corresponding ministry with his own conclusions attached. The power rate of zemsky establishments was determined, first of all, by their rights on taking resolutions obligatory for execution. The right to issue obligatory resolutions was partly granted to zemstvos in the 1890s. But the “Regulations” of 1890 preserved this right only for gubernia’s zemsky organs expanding a range of issues on which these organs could take resolutions obligatory for execution. First of all, it related to resolutions on sanitary or firefighting measures; on arrangement, maintenance of local communication lines and the order of using them; on carrier’s trade; on the order of fairs’ and markets’ functioning. Obligatory resolutions prepared by zemsky assembly acquired 272 the force of law only after its approval by the governor. He published this resolution. The term of the resolution coming into force should be not less than 2 weeks since the date of its promulgation in every locality of the uezd. In case the governor rejected the resolution it was transferred to gubernia’s “prisutstvie”*. If the majority of the members of this office did not agree with the opinion of the governor, the further fate of the resolution was decided directly by the Minister of Internal Affairs. Besides, zemsky assembly had to be informed of the motives of refusal. In the orders self-sufficiency of zemstvo was limited very significantly.Resolutions on a number of cases listed directly in the legislature, had to be approved: some by the governor, the others by the Minister of Internal Affairs. The “Regulations” of1 864 set up a definite term during which the administrative order of an executive zemsky body should be approved: seven days for the governor’s approval and two months – for the minister’s. If during this term there was no refusal, the administrative order was considered approved. In case of unsatisfactory solution of this issue, zemsky assembly was to discuss this question once again and if it found the motives of the refusal not persuasive, it transferred this controversial problem for consideration and its solution to the Senate. The “Regulations” of 1890 replaced this procedure by the order similar to the obligatory resolutions adoption. According to the “Regulations” of 1864 the governor (within 7-day term) and the Minister of Internal Affairs (within2 -month period) had the right to veto any resolution of zemsky assembly in case it contradicted the current legislature or the national good. The “Regulations” of 1890 concentrated the right to protest in the hands of the governor, and it expanded the grounds for such a protest significantly. The right of the imperal administration to lodge a protest on zemsky resolution because of their inexpediency was a constant threat to independent actions of zemsky self-governing bodies. In addition, the governors and the ministers were imposed with the duty to observe that the resolutions of zemsky assembly did not violate the interests of local population. If the protest on validity of zemsky resolution was refused by the Senate, the final fate of the resolution 273 protested on the grounds of its inexpediency was decided by the imperal administration itself.20 While considering the issue of executive power of zemsky establishments, it is necessary to distinguish between the right of forced and free execution. Zemsky executive organs did not have the right to force private people to carry out their resolutions neither according to the “Regulations” of 1864, nor to the “Regulations” of 1890. If necessary, zemstvo was to address the government bodies for assistance. However, the functions of observing the execution of compulsory resolutions, initiating prosecution and accusation of the guilty could be performed by zemsky uprava and district trustees. If according to the “Regulations” of 1864 zemsky executive bodies were completely and exceptionally dependent on the zemstvo itself, the “Regulations” of 1890 narrowly subordinated zemsky upravas to the governor. Nevertheless, zemsky upravas carried out their powers according to the instructions of zemsky assemblies and were accountable to them. The governor had the right to inspect the upravas and executive zemsky establishments. He could receive the complaint about their actions, demand the explanations or satisfaction of these complaints. In case of refusal of zemsky executive organs to satisfy the complaint, the governor had the right to enter a protest to gubernia’s prisutstvie whose decisions were obligatory for the upravas, but uprava could lodge the complaint to the Senate. Besides, dependence of gubernia’s or zemky upravas became stronger because of wide authorities of royal administration in relation to the personnel of the uprava. So, the Minister of Internal Af- fairs and the governors had the right to approve of the chairmen and members of the uprava. The governor put these officials forward for state rewards, gave them leave to go out of gubernia, instituted proceedings on their disciplinary and criminal responsibilities. Moreover, all the staff of zemsky establishments was formed under the control and consent of the governor. Thus, essentially, in all spheres of their activities, beginning with issuing normative acts and finishing with their execution, the bodies of zemsky self-government did not enjoy independence and were subordinate to strict control on the part of 274 Crown administration. That is why the declared self-sufficiency of zemsky establishments has an exclusively declarative nature.21 Summing up, we can state, that the despotic instinct that was worked out during centuries-old routine of autocratic ruling re- vealed itself in the inner contradictions of the majority of liberal reforms of the 1860s - 1870s. Thus, the peasant reform making a ploughman formally free predetermined for many decades his economic dependence and impoverishment. Zemstvos were not allowed to develop either “in breadth”, or “downwards”, or, especially’ “upwards”: they were not (originally) spread to all non-Russian remote districts of the Empire, did not create volost’s organizations (i.e. peasants’ self-government) and did not have the right to inter-gubernia All-Russia associations that threaten the authorities with the phantom of “constitution”. The police were not subordinate to zemstvos, and the latter were constantly subjected to “administrative and commanding” attacks of gubernia’s authorities. These authorities themselves escaped jurisdiction easily, as one of the major principles of a legal state - the responsibility of the officials under law, the right of appeal against the actions of administrative people and institutions - was absent in the new judicial rules and regulations.22 The liberal reforms of Alexander II were moderate and conservative. The counter-reforms of Alexander III were of the nature of a compromise. Nevertheless, these reforms served to form a new political conscience to a significant part of Russian society. Consequently, within the framework of this conscience a considerable radicalization of Russian liberalism became possible. It was zemsky establishments that became the main social support in the struggle for further reforms, as originally in the institution of zemstvo there “came together”, on the one hand, an initiative of authority that wanted to make the system of government more modern and to decentralize bureaucratic centralism and, on the other hand, the striving of a progressive part of society to participate a little in state affairs (at least on the level of local needs and demands). That is why, as N.V. Shelgunov wrote, “...zemstvo appeared not as a concession to any dreamy liberal demands, but as a consequence of the need perceived by government.”23 The specific attitude to the role and importance of zemstvos was 275 changing significantly during the1 860s-1880s on the part of the government as well as in different circles of the public. However, for both liberals and conservatives, zemstvos were associated with the idea (tempting for some and threatening for the others) of representative government. Hence, there is the whole inconsequence of authorities in relation to zemsky institutions and their activities. In 1892, according to “City Regulations” of June 11, 1892, the city counter-reform was carried out. Established in 1870 a three-class system was replaced with one electoral assembly of all city voters; its task was to elect representatives. In case there were a great number of voters, this meeting could be divided into several areas. Passive suffrage was essentially limited as only the people who were the voters of this very district could be elected to be the representatives of this area. Property qualification was increased considerably. It was necessary to have real estate within the city boundaries, assessed to collect fees from 1,000 rubles (in uezd’s cities) to 3,000 rubles in St. Petersburg and Moscow, and up to 300 rubles in other towns of the country. The maintenance of one industrial enterprise for not less than one year also gave the right to take part in the elections.24 People who did not have the full property qualification were completely kept out of elections. If less than 2/3 of a due number of representatives were elected, the Minister of Internal Affairs added the necessary number from the membership of the former representatives. “Regulations” of 1892 determined that the assemblies of the Duma were to be called not less than 4 but not more than 24 times a year, besides, it was necessary to prepare the schedule of the meetings in advance, in December, for the whole next year (Art. 64 of City Regulations). To begin its work the Duma must have the attendance of not less than half of all glasnys (in the towns where their number exceeded 40 people) and not less than 1/3 where their number was less than this quantity. Like at zemsky assemblies, the issues in Duma were solved by simple majority of votes. However, to take the decisions on some more important affairs “Regulations” required expanded quorum (2/3 of the whole number of representatives in Dumas with the numerical composition up to 40 representatives and 1/2 in Dumas 276 with the membership of more than 40 representatives) (Art. 70, 71 of City Regulations).25 City Uprava consisted of two members and a head as a chairman. The number of members of Uprava could be increased according to the resolution of Duma up to 6 members in both capitals and up to 4 members in other large cities. Besides the members of Uprava in both capitals, Odessa and Riga, Uprava included tovarishchy* of a city head. With the consent of the Minister of Internal Affairs, in little towns the duties of Uprava could be imposed only on the head of the town and his assistant (Art. 92 of City Regulations). All officials of the Uprava, except the heads of the capitals, occupied their positions due to the election of Duma. The heads of the capitals (in St. Petersburg including their assistants) were appointed by the Emperor on the recommendation of the Minister of Internal Affairs. In addition, the Moscow Duma was given the right to elect two candidates for the post of the head and his assitants from within the membership of representatives or city voters (Art. 114 of City Regulations). To occupy the city positions both representatives and other people who had the right to vote when the city elections were held could be elected. In addition, some favourable terms were determined to fill the office position of a city secretary (a secretary of Duma): even people who did not have property qualification and under25 could be elected to get this position; they should just meet the requirements of “blameless behavior” established by the law (Art. 116 of City Regulations). The legal status of the officials of the city administration changed dramatically. According to new “Regulations”, the head, the members of Uprava and the city secretary became state employees. However, the employees of the City Upravas did not have the right to get the first rank for three three-year terms of zemsky service as compared with the members of zemsky upravas, but the latter did not have the right to join the state service (Art. 121 of City Regulations). The head and the members of uprava exercised their powers for a 4-year term. At the discretion of the Duma the city secretary

277 could be elected for a even shorter period of time. To make the city administration more stable, the “Regulations” of 1892 introduced partial renovation of the composition of the uprava: every two years half the members of the uprava were elected in turn; but the one who left could be reelected to the same position (Art. 124 of City Regulations). In the organization of zemsky upravas there was no such institution. To exercise powers in separate sectors of administration Duma had the right to appoint special persons, and as a last resort - special executive commissions, the members of which should belong to the group of representatives or at least be city electors.26 According to the common rule, the work of the commission was headed by a member of uprava. If on the recommendation of uprava Duma considered it necessary to elect a special person as a chairman, the latter, if elected, obtained the right to vote when the affairs within the competence of this commission were considered in the uprava. An executive committee acted on the basis of special instructions of the Duma (Art. 103 and 104 of City Regulations).27 As for the competence and subjects under control of the bodies of city self-government, they were not touched upon by the counter- reform of Alexander III. A special kind of public government was established in the small towns and in St. Petersburg (Petrograd). In small towns included into a special list simplified public administration was introduced. Instead of Duma the assembly of city representatives (from 12 to 15) was established. The representatives were elected by the meeting of local householders for a four-year term from within the people who owned real estate valued not less than 100 roubles. The meeting of the representatives elected a city starosta (with one or two assistants) for the same period of time. The starosta was a chairman of the meeting and simultaneously represented an executive body of city government. In St. Petersburg (Petrograd) public administration was organized according to the “Special Regulations” of June 8, 1903. The main peculiarities of the organization of self-government in the capital

278 were as follows. Regarding the city elections a two-class system was in operation. To conduct elections of representatives all the voters were divided into two categories: I category consisted of major tax- payers (who jointly paid 1/3 of the total sum of fees received from all voters); II category included all other electors. The first category elected 1/3 and the second 2/3 of all representatives. Not only the owners of trading and industrial enterprises and real estate owners had the right to vote, but also the tenants who paid the annual apartment tax in the amount of not less than 33 roubles for at least a year before the elections (this corresponded to an apartment renting price, that was more than 1,080 roubles a year). The City Duma of St. Petersburg (Petrograd) consisted of 162 representatives elected for a 6-year term. Every three years the re-elections of 50% of representatives were held, that is why the composition of the Duma was half-renewed every three years. The chairman of the Duma was a special person who was elected annually from within the city representatives. And the chairman of the Duma could not occupy any other position in the system of city self-government and fulfilled his duties free of charge. The competence of public administration of St. Petersburg (Petro- grad) was determined in more detail compared to the other institutions of city self-government of the Empire, particularly, the capital self-government was responsible for such issues as city sewage, the maintenance of city dumps, cemeteries, street and fountain cleaning, etc.28 Summing up the research on the development of self-government in the period under study, it is necessary to say that in general the formation of zemsky and city public government as the main subjects of local self-government at the end of the XIX century signified the principle of multi-class system, and inclusion of the people of different classes into local problems solving. In the development of municipal law this meant the transition from the estate to the territorial principle of formation of the main institutions of self-government. Zemsky and city self-government covered the territory where more than 112 mln. people (70% of people of

279 Russia) lived. At the same time the idea of people’s self-government was not realized in full measure, it did not become the pivot of the whole state system of Russia, and was applied only to the administrative sphere. Thus, this very type of self-government was convenient and beneficial for the autocracy: on the one hand, self-government took the solution of some economic problems on itself, and, on the other hand, it could not have a claim on political participation in solving the important state affairs. That is why zemsky and city self-government were deprived of any authorities depending on the governors and local police. All-estate bodies of local self-government had a very short period of development in Russian history, though the beginning of the XX century promised the most positive perspectives.29 Zemsky representatives of different political directions considered the refusal of the most strict stipulations of the counter-reform of Alexander III and the evolution towards the liberalization of state and social relations the most appropriate way to proceed from autocracy to constitutional monarchy. Regarding this S.Y. Witte wrote: “As I proved in the note, zemsky establishement is the Constitution upwards that earlier or later leads undoubtedly to the Constitution downwards by natural social way. And this way is the most peaceful. And if once we allowed zemsky and city self-government, and then during 25 years we did not fight with it, but gradually develop them, then we would arrive at a Constitution without disturbing revolutionary excesses”.30 Liberals, who considered the transition to the constitutional system to be a natural retreat and the end of reforms of Alexander II, supposed zemsky institutions as already existed basis for the creation of the constitutional order. Regarding this, the famous zemets*, the Deputy of the II State Duma, V.A. Maklakov wrote, “The former liberalism believed that it would arrive at a constitution through the ‘evolution’ of the existing institutions. In Russia there was a ‘grain’, from which the constitution could grow. This was the local self-government, i.e. zemstvo. It managed the same common needs as the state. It was a compulsory organization, but exercised the principle of people’s government. It should have developed this basis upwards,

280 and a constitution would have appeared. It would have been a long way, but during this period many people would have been brought up, who on their own experience would have learnt the needs of the country, the hardships they would have prepared to replace the former representatives of power”.31 On September 8, 1904 Bureau of Zemsky Assembly took the decision to call a zemsky congress, this was opened on November 6, 1904. The Congress lasted for four days, but only the last day of its work was devoted to some special problems of zemsky movement. The first three days were spent on the discussion of the last item of the agenda - general premises for normalization of social and state life. On completion of its work the Congress elaborated 11 theses. In the first three it was stated that since the beginning of the1 880s there was total estrangement between society and state power, first of all, because the government did not allow the participation of society in the discussion of state affairs and systematically inculcated the regime of administrative centralization in all spheres of social life. Thereby the existing bureaucratic system increased the gap not only between the government and the society, but between supreme authorities and the people. According to the fourth thesis, it was time to renew the relations between the state power and society in the new capacity. In the fifth thesis the Congress demanded genuine guarantees of personal immunity; in the sixth - provision of the freedoms of religious worship and press; in the seventh - full civil and political equality for all citizens of the country; in the eighth - provision of personal rights to the peasants, equal to all other estates and only in the ninth - expansion of the authorities of the bodies of self-government. The tenth and eleventh theses pointed out the necessity of creation of people’s representation. It should be mentioned that according to the tenth thesis the Congress failed to come to an agreement and, thus, two formulations were included into the final version of the text. The variant proposed by the majority (71votes) recommended to transfer legislative power to people’s representation, i.e. to transfer to the constitutional system. The variant proposed by the minority (27votes) only touched upon the problem of participation of people’s representatives in legislative 281 NOTES:

1 See: Êðàòêàÿ èñòîðèÿ Àëáàíèè. - C. 305. Ìàðòûíîâà Ì. Þ. Áàëêàíñêèé êðèçèñ: íàðîäû è ïîëèòèêà. - Ì., 1998. Ñ. 275; Î ïðîáëåìàõ àëáàíöåâ â Ìàêåäîíèè. See: Ñìèðíîâà Í. Ä. Àëáàíñêèé âîïðîñ: â ÷åì åãî ñóòü // Ýòíîïîëèòè÷åñêèå êîíôëèêòû â ïîñòêîììóíèñòè÷åñêîì ìèðå. - Ì., 1996. - ×. 1; See: Ñìèðíîâà Í. Ä. Ïîñëåäíÿÿ ðåçåðâàöèÿ Åâðîïû // Íîâîå âðåìÿ. - 1996. - ¹37. - Ñ. 34-35. 2 See: Âîñòî÷íàÿ Åâðîïà â äîêóìåíòàõ ðîññèéñêèõ àðõèâîâ. 1944-1953. - Íîâîñèáèðñê, 1997. - Ò. 1: 1944-1948. - Ñ. 476-477. 3 See: Ñìèðíîâà Í. Ä. Àëáàíñêàÿ ïàðòèÿ òðóäà (ñòðàíèöû èñòîðèè) // Áþëëåòåíü íàó÷íîé èíôîðìàöèè ÈÂÈ ÐÀÍ. - 1974. - ¹ 9. - Ñ. 120-121. 4 See: Ñåíêåâè÷ È. Ã. Àëáàíèÿ â ïåðèîä Âîñòî÷íîãî êðèçèñà. - Ì., 1965. 5 See: Çàêîí ðåñïóáëèêè Àëáàíèÿ «Îá îðãàíèçàöèè è ôóíêöèîíèðîâàíèè ìåñòíîãî ñàìîóïðàâëåíèÿ» ¹ 86 52, ïðèíÿò31.07.2000 Àññàìáëååé Ðåñïóáëèêè Àëáàíèÿ, ââåäåí â äåéñòâèå Óêàçîì Ïðåçèäåíòà Ðåñïóáëèêè Àëáàíèÿ ¹ 2729, îò 08.07.2000. www. municipalkg.narod.ru/interlaw/alblaw.htm. 6 See: The law of the Republic of Albania «On organizing and functioning of local self-government». ¹ 86 52, adopted 31.07.2000 by the Assembly of Republic of Albania, put into effect by the Decree of the President of Republic of Albania ¹ 2729, dated 08.07.2000. Chapter 3. The rights of local self-government. Article 8. The rights of local self-government. 1. Each community, municipality and region has the following rights: 1. The right of government: à) taking all necessary measures to perform its functions and exercising powers; á) on the basis of the Constitution of the Republic of Albania, laws and standard acts, to perform its functions and to exercise its powers it has the right to issue directives, orders and regulations that will be obligatory for execution by all persons (juridical and physical) under their jurisdiction; â) the organs of local self-government have the right to create administrative structures to perform their functions and to exercise their powers under present law; ã) they have the right to create managing objects and other establishments under their jurisdiction; ä) each organ of local self-government has the right to create committees, boards, commissions if necessary to perform special functions; å) each organ of local self-government has the right to create administrative and territorial subdivisions under its own jurisdiction to perform the functions of management according to the procedure settled in the legislature. 2. Property rights: à) the organs of local self-government may carry out their property rights including the right to acquire, sell or let their real estate and movable property, and also the right to use their property and realize other rights according to the

282 procedure settled in the legislature; á) the organs of local self-government may use the right to acquire real estate and movable property in the interests of the community according to the procedure settled in the legislature; â) property rights are realized by a correspondent Council and cannot be delegated to the other organ or person. 3.The right of financial autonomy: à) the organs of local self-government can get income and incur expenses while performing their functions; á) the units of local self-government have the right to levy taxes and dues in the interests of the community according to the procedure settled in the legislature; â) the organs of local self-government have the right to approve and fulfill the budget. 4. The right of economic development: à) the organs of local self-government have the right to realize any initiatives for the purpose of economic development in the interests of their citizens provided that such kind of activity does not contradict to fundamental trend of economic policy of the state; á) the main part of income from economic activity of local self-government will be used to maintain the performance of the state functions; â) economic activity of the organs of local self-government is regulated by the legislature in relation to economic activity. 5. The right of cooperation: à) To perform concrete functions on behalf of and in the interests of locals, two or more organs of local self-government may exercise any powers transferred to them according to the law by means of joint agreements or contracts, delegation of concrete powers and/or liabilities from one organ of local self-government to another, or by means of concluding contracts with the third parties; á) the organs of local self-government can cooperate with the similar organs of local self-government of the other countries and be represented in the international organizations of the organs of local self-government under the present law; ñ) the organs of local self-government have the right to organize associations according to the law on organization of associations. www. municipalkg.narod. ru/interlaw/alblaw.htm. 7 See: www.austria.ru. 8 See: Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 9 See: Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 10 See: Ãóáàíîâ À. Â. Ïîëèöèÿ çàðóáåæíûõ ñòðàí. Îðãàíèçàöèîííî-ïðàâîâûå îñíîâû, ñòðàòåãèÿ è òàêòèêà äåÿòåëüíîñòè. – Ì.: ÌÀÝÏ, 1999. 11 See: Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 12 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 13 See: Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 14See: Ìàëûé ýíöèêëîïåäè÷åñêèé ñëîâàðü Áðîêãàóçà è Åôðîíà. http://slovari.yandex.

283 ru/; “Áîëüøàÿ Ðîññèéñêàÿ ýíöèêëîïåäèÿ” Ì. Ò.1.2001. 15 See: www.belgium.ru. 16 See: Êîíñòèòóöèÿ Áåëüãèè. – Åêàòåðèíáóðã: Èçä-âî ÓðÃÞÀ, 1998. 17 See: Êîíñòèòóöèÿ Áåëüãèè. – Åêàòåðèíáóðã: Èçä-âî ÓðÃÞÀ, 1998. 18 In Belgium there is a twofold system of administrative division: Belgium is divided into three regions, two of them are divided into provinces: Flemish Region: Province of Antwerp; Province of Limburg; Province of East Flanders; Province of West Flanders; Province of Flemish Brabant; Walloon Region: Province of Hainaut; Province of Liège; Province of Luxembourg; Province of Namur; Province of Walloon Brabant; Brussels-Capital Region; At the same time Belgium is divided into three language communities: Flemish-speaking community (Flemish Region and Brussels-Capital Region); French-speaking community (Walloon Region and Brussels-Capital Region); German-speaking community (part of the Province of Liège). See: ru.wikipedia.org. 19 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 20 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 21 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 22 At the beginning of 1980s the Court of Arbitration appeared in the system of Belgian court institutions. It considered complaints about violation of rights of “a nation and a citizen” and could acknowledge statutes or their separate sections, by-laws and also resolutions of local bodies of government invalid (due to the contradiction to the Constitution and human rights). In 1988 it was reorganized into Constitutional Court. In the law defining its competence it is emphasized that it supervises the observance of constitutional rights and freedoms not only of individuals but also national communities and minorities. 23 See: Ãóáàíîâ À. Â. Ïîëèöèÿ çàðóáåæíûõ ñòðàí. Îðãàíèçàöèîííî-ïðàâîâûå îñíîâû, ñòðàòåãèÿ è òàêòèêà äåÿòåëüíîñòè. – Ì.: ÌÀÝÏ, 1999. 24 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 25 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 26 See: Robertson C. D. Introduction to the Belgian Legal System // Juridical Review. 1983. December. P. 224-256. 27 See: Áàãèðîâ Ô.À. Îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ Áåëüãèè. www.demaz.org. 28 The main laws connected with the activities of the municipalities were adopted on December 22, 1986, September 24, 1988 and May 26, 1989, but the first law concerning the management of the structures mentioned came into force on April 30, 1836. Besides, the following documents concerning the issues of the activity of local bodies of self-government were adopted: “Law on Private Organization” (August 8, 1980), “Law on Reform of Head Organizations” (August 9, 1980), “Special Law on Brussels Organization” (January 12, 1989), “Special Law for the Community Speaking German” (December 31, 1983), “ Special Law on Financing of Communities and Regions” (January 16, 1983). www.demaz.org. 29 See: Ïðàâîâûå ñèñòåìû ñòðàí ìèðà: Ýíöèêëîïåäè÷åñêèé ñïðàâî÷íèê. (Îòâ. ðåä. ä.þ.í., ïðîô. À.ß. Ñóõàðåâ). - “ÍÎÐÌÀ”, 2003 ã.

284 30 Supreme body of financial control is Exchequer Chamber. Its members are appointed by the House of Representatives. The duties of Exchequer Chamber are to consider and regulate the accounts of general management and all those accountable to the state treasury. It supervises budget discipline, exercises general control over the operations in connection with imposing and collecting taxes, passes accounts of different state administrative bodies and for this purpose is obliged to collect any data and necessary reports. General state financial report is presented to the House of Representatives with the remarks of Exchequer Chamber. www. demaz.org. 311877—1878 Russian-Turkish War. Liberation of Bulgaria from the Tukish yoke; de facto in 1878 Bulgaria became an independent state - autonomous principality, Turkey’s vassal. The southern territories of Bulgaria, so called Eastern Rumelia, were transformed into autonomous Turkish province; in 1879 Prince Alexander von Battenberg became the first Grand Duke of Bulgaria; in 1885 Bulgaria united with Eastern Rumelia; de jure in 1908 Bulgaria became an independent state (Kingdom of Bulgaria). 32 Under Todor Zhivkov’s rule (1954-1989) Bulgaria became one of the most prosperous countries of Eastern Europe. Farmers were allowed to engage in agriculture on small plots of private land when industrial increase resulted in economic growth. The decline of communism left industry unprotected and the way to democracy became more complicated. The renamed Communist Party (Bulgarian Socialist Party) began to control different spheres of new democratic Bulgaria, having reduced the influence of the President on the world arena. 33 Suddenly in June 2001 Bulgarian monarchy came back into power when the former King Simeon II was elected Prime Minister. Uncontrolled inflation, high rate of unemployment, shortcomings in social security system resulted in national instability. But the progress still goes on under the rule of President Georgi Parvanov. The state is eager to become a member of NATO and European Union. 34 Bulgaria is a parliamentary republic, a unitary state with local self-government. In Republic of Bulgaria the formation of autonomous territories is not allowed. Political life in Republic is based on the principles of political pluralism. None of the political parties or ideologies can be considered or proclaimed as a state one. It is not possible to form political parties on ethnic, race or religious basis, as well as parties aiming at forcible seizure of state power. The Constitution of the country was adopted in 1991. 35 See: The Constitution of Bulgaria (Republic of Bulgaria) of July 12, 1991. Article 2. 1. The Republic of Bulgaria a unitary state with local self-government. The formation of autonomous territories is not allowed in it. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 36 See: Èíîñòðàííîå êîíñòèòóöèîííîå ïðàâî / Ïîä ðåä. Â.Â. Ìàêëàêîâà. – Ì.: Þðèñòú, 1996. 37 See: The Constitution of Bulgaria (Republic of Bulgaria) of July 12, 1991. Article 135. 1.The territory of the Republic of Bulgaria is divided into municipalities and

285 provinces. 2. The territorial division and authorities of the municipality of the capital and the municipalities of other large cities are determined by law. 3. Other administrative and territorial units and organs of self-government in them can be created by law. Article 136. 1.Municipality is the main administrative and territorial units which has self-government. 2. The citizens take part in the municipality government via the elected by them organs of self-government, and directly through referendum and general assembly of population. 3. The boundaries are determined after a public-opinion poll. 3. Municipality is a juridical entity. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 38Provinces:27– Blagoevgrad; Burgus; Varna; Veliko Tarnovo; Vidin; Vratsa; Gabrovo; Kardzhali; Kuistendil; Lovech; Mikhailovgrad; Pazardzhik; Pernik; Pleven; Plovdiv; Razgrad; Ruse; Silistra; Sliven; Smolyan; Sofia; Staro Zagoro; Tolbukhin; Targovishte; Haskovo; Shumen; Yambol. 39 The Constitution of Bulgaria (Republic of Bulgaria) of July 12, 1991. Article 138. The body of local self-government in the municipality is a municipality council that is elected by the population of a corresponding municipality for a four- year term in accordance with law. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 40See: Áàëàáàíîâà Õ. Ìåñòíîå ñàìîóïðàâëåíèå è ìåñòíàÿ àäìèíèñòðàöèÿ: Àäìèíèñòðàòèâíî-ïðàâîâûå ïðîáëåìû. - Âàðíà: Òåäèíà, 1996. 41 See: Áàëàáàíîâà Õ. Ìåñòíîå ñàìîóïðàâëåíèå è ìåñòíàÿ àäìèíèñòðàöèÿ: Àäìèíèñòðàòèâíî-ïðàâîâûå ïðîáëåìû. - Âàðíà: Òåäèíà, 1996. 42 See: Áàëàáàíîâà Õ. Ìåñòíîå ñàìîóïðàâëåíèå è ìåñòíàÿ àäìèíèñòðàöèÿ: Àäìèíèñòðàòèâíî-ïðàâîâûå ïðîáëåìû. - Âàðíà: Òåäèíà, 1996. P. 317. 43 The Constitution of Bulgaria (Republic of Bulgaria) of July 12, 1991. Article 143. 1. Government in provinces is excersised by provincial governor with assistance of provincial administration. 2. Provincial governor is appointed by the Council of Ministers. 3. Provincial governor provides pursuing state policy, is responsible for protection of national interests, legality and public order and excersises administrative control. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 44 See: Áàëàáàíîâà Õ. Ìåñòíîå ñàìîóïðàâëåíèå è ìåñòíàÿ àäìèíèñòðàöèÿ: Àäìèíèñòðàòèâíî-ïðàâîâûå ïðîáëåìû. - Âàðíà: Òåäèíà, 1996. 45 Executive power belongs to the Cabinet of Ministers with Prime Minister at its head. Members of the Cabinet of Ministers are the most prominent figures of the ruling party, i.e. the party that won the majority at the last elections. The parties forming the government and determining foreign and domestic policies of the country are the Conservative Party and the Labour Party. The Labour Party mainly consists of workers. The basic principle of the Labour Party program is “improvement” of capitalism, i.e. transformation of capitalism into socialism by means of reforms. The Labour Party: the concept of forming “Socialist Commonwealth of Great Britain”, nationalization of some industries. Key objectives of the Conservative Party policy are support of private enterprise, individual initiative, and struggle against

286 “state bureaucracy”. The Conservative Party represents the interests of aristocracy, businessmen and landlords. Lately, the political life of the country saw the increase of importance of the following parties: the Liberal Party and nationalist parties of Scotland and Wales. The ruling parties often have to seek their support in Parliament. See: http://www.parliament.uk/. 46 Great Britain is a parliamentary monarchy. There is no Constitution and the legislation is based on centuries-old constitutional customs and precedents, i.e. members of Parliament follow the way the analogous case was decided (that is how parliamentary laws and procedures were polished for many centuries). Formally the country is governed by a monarch (Queen Elizabeth II – since 1952). But actually the supreme legislative body is Parliament which consists of the Queen, the House of Commons and the House of Lords. The House of Commons is a national assembly and is elected once in five years. The House of Lords consists of aristocracy, princes of the blood, and hereditary peers. The House of Lords has the right to hold up a bill (but not a financial one) for a year. Financial bills become laws when they are passed through the House of Commons and signed by the Queen. Usually she does not delay the work of the House of Lords and does not intervene with the state affairs. One may conclude that the Queen for the Englishmen is one of the traditions they value and consider it necessary to allocate big sums from the budget. See: http:// www.parliament.uk/. 47 See: Ãðèãîðüåâ Ñ.Ý. Ìåñòíîå ñàìîóïðàâëåíèå â Âåëèêîáðèòàíèè. Ì., 1990. 48 See.: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå óïðàâëåíèå. – Ì.: Ïðîãðåññ, 1994. 49 See: Êëåìèí Í.Ì. Ìåñòíûå îðãàíû âëàñòè â ñòðóêòóðå Âåëèêîáðèòàíèè. Ì., 1993. 50 There are three types of local self-government in England: a unique Greater London, six so called Metropolitan County Areas and Non–Metropolitan Counties. Greater London consists of thirty two municipal units and one more – the City of London; every municipality is responsible for its territory. Self-government bodies arrange almost everything connected with territory improvement and order maintenance, but the police of London and public transportation are not subordinate to them. For the moment the system of Greater London undergoes changes. It is supposed to elect one common municipal government of London which will solve the issues concerning the whole city and coordinate the work of municipalities. Thus, the problem of division of powers between the committees of different regions whose interests often overlap will be solved. Elections in the government of London were held in May, 2000 and then will be held every four years. There are only six Metropolitan County Areas: Tyne and Wear, West Midlands, Merseyside, Greater Manchester, West Yorkshire and South Yorkshire that are divided into 36 municipal districts. See: http://www.parliament.uk/. 51 See: Áàðàáàøåâ Ã.Â., Øåðåìåò Ê.Ô. Îðãàíèçàöèÿ è ôóíêöèîíèðîâàíèå ìåñòíîãî ñàìîóïðàâëåíèÿ (îïûò çàðóáåæíûõ ñòðàí). Ì., 1991. 52See: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå óïðàâëåíèå. Ì.: Ïðîãðåññ, 1994.

287 53 See: Âîðîíåíêî À.Â. Ìåñòíîå óïðàâëåíèå è ñàìîóïðàâëåíèå â êðóïíûõ ãîðîäàõ çàðóáåæíûõ ñòðàí. Ì.,1990. 54See: Áåííåò Ð. Äæ. Ïóòè äåöåíòðàëèçàöèè ãîñóäàðñòâåííîãî óïðàâëåíèÿ (Âåëèêîáðèòàíèÿ)// Ïðîáëåìû òåîðèè è ïðàêòèêè óïðàâëåíèÿ. 1992. 1. Ñ. 4 - 8. 55 See: Áàðàí÷èêîâ Â.À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. Ì., 1990. 56 See: Ðîáåðò Ëè÷; Äæýíè Ïåðñè-Ñìèò «Ìåñòíîå ñàìîóïðàâëåíèå â Âåëèêîáðèòàíèè» (Leach R., Percy-Smith J. Local Governance in Britain. Palgrave Macmillan, 2000). Äàéäæåñò áûë îïóáëèêîâàí â æóðíàëå «Public Administration», ¹ 4 (80) çà 2002 ã., P. 831-833 (Pierre J. Local Governance in Britain // Public Administration. 2002. Vol. 80. No. 4. P.831-833). 57 In Wales 22 councils of one-level system of local self-government administer all local affairs except firefighting service that are managed by three firefighting departments of Wales. Besides, on the territory of Wales there are about 750 public councils similar to the parishes. 58 See: Ãðèãîðüåâ Ñ. Ìåñòíîå óïðàâëåíèå â Âåëèêîáðèòàíèè // Âîïðîñû ýêîíîìèêè. 1991. ¹ 5. Ñ. 52–62. 59 In Scotland there is one-level system of 32 municipalities that are responsible for everything including firefighting service and transportation. Also there are public councils representing the interests of local people in superior organizations. See: http://www.parliament.uk. 60 See: Ãðèãîðüåâ Ñ. Ìåñòíîå óïðàâëåíèå â Âåëèêîáðèòàíèè // Âîïðîñû ýêîíîìèêè. 1991. ¹ 5. Ñ. 52–62. 61 See: Õàðâåé Ä., Õóä Ê. Áðèòàíñêîå ãîñóäàðñòâî. Ì., 1999. Ñ.253. 62 See: Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå óïðàâëåíèå. Ì.: Ïðîãðåññ, 1994. 63 See: ×åðíèê È.Ä. Ôèíàíñîâàÿ îñíîâà íà çàêîíîäàòåëüíîé îñíîâå: Î ïðàâîâîì ðåãóëèðîâàíèè ôèíàíñîâûõ îòíîøåíèé â äåÿòåëüíîñòè îðãàíîâ âëàñòè çàðóáåæíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ. 1995. Êí.1. Âûï.2. 64 See: Ãðèãîðüåâ Ñ.Ý. Ìåñòíîå ñàìîóïðàâëåíèå â Âåëèêîáðèòàíèè. Ì., 1990. 65 See: ×åðíèê È.Ä. Ôèíàíñîâàÿ îñíîâà íà çàêîíîäàòåëüíîé îñíîâå: Î ïðàâîâîì ðåãóëèðîâàíèè ôèíàíñîâûõ îòíîøåíèé â äåÿòåëüíîñòè îðãàíîâ âëàñòè çàðóáåæíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ. 1995. Êí.1. Âûï.2. 66 See: Ñì.: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 67 Êîðîëåâñêàÿ ãîñóäàðñòâåííàÿ êàíöåëÿðèÿ. See: www.hmso.gov.uk. 68 Êîðîëåâñêàÿ ãîñóäàðñòâåííàÿ êàíöåëÿðèÿ. See: www.hmso.gov.uk. 69 In 1222 the first Constitution («Golden Bulla”) was adopted that secured privileges of barons and gentry. They could disagree with the opinion of the King. An annual assembly should be gathered from within their representatives. Up to 1526 Hungary was under the rule of Ottoman Empire (in Empire of Habsburg since 1686). In 1840 a “bloodless revolution” took place that established certain independence for Hungary (as autonomous formation where the Austrian Emperor was the head of the executive power, and Hungarian Parliament was the head of the legislative branch). The epoch of dualism (1867 – 1912). In 1867 Austro-Hungarian agreement

288 was concluded. Franz Joseph was crowned as the King of Hungary. Hungary gained territorial integrity and independence. It became equal with Austria. The Croatians obtained self-government within Hungary, and Transvaal became a part of Hungary. They had common Ministers Foreign Affairs, Defense and Finance. Each country- founder sent its delegations that held the meetings of a common representative body. The Constitution of Hungary was essentially formed from agreements, treaties, customs. As a result of World War I the Bela Kun revolutionary (communists and left socialists) took place in Hungary. On May 22, 1919 he took power almost bloodlessly. He carried out nationalization, erected Emergency Committee, the Red Army, Soviets. On June 23, 1919 the Constitution of Hungarian Federative Socialist Republic was adopted at All-Hungary Assembly. The dictatorship of proletarian government – the Soviet of People’s Commissars – was proclaimed. On June 4, 1920 Pumany Agreement was concluded. The law on provisional exercising of supreme power and restoration of the constitutional order was passed. The institution of monarchy is restored, all decrees of the Soviet power abolished. The Habsburgs secured that the royal power in Hungary is exercised by the regent elected by the National Assembly. Horti was elected the regent (25 years). On November 4, 1945 there were the elections of the representative body. The winners were the party of petty “farmers” In 1946 parliament passed the law on the state form of Hungary. Monarchy is abolished and the republic is declared. There are the following organs of power: National Assembly, President and Government. In 1947 the communists arrest all members of the bourgeous parties, discharged Prime Minister. On Augaust 18, 1949 a new Constitution of Hungary was adopted. It corresponded fully with the Stalin’s Constitution of 1936 (with only some exeptions). Three modes were proclaimed: socialist, private capital, short-scale. The socialist state existed in Hungary until 1989. During this period the Constitution was amended and added for about 20 times. In 1989 the communist party lost its power. As the r4esults of the elections the coalition headed by the Hungarian democratic forum came to power. Huhgary became a unitary state (though there is nothing in the Constitution that directly stated this). 70 The term of authorities of the Deputies of the State Assembly is 4 years. There are 286 deputies. 176 deputies that are elected on the majority system ( with a possibility of holding 2 round which the person who won less thatn 15% of votes); 152 according to the proportional system; 58 - in the national district, and the seats are distributed among the participating parties according to the votes received. Parliament is unicameral. The laws are passed by the State Assembly, by simple majority of present deputies. Sometimes the constitution establishes the necessity of qualified majority of votes (2/3)on the questions mentioned in it . 71 The president is elected with the parliamentary majority 2/3 of votes. If the President is not elected during the first round, not less than 50 deputies should introduce such a proposal, 2 candidates who won the most number of votes enters the 3 round. If there is a war or national disaster the president has the right to create National Council of Defense which receives all the rights of the State Assembly. He presents the candidate to become Prime Minister, though usually the leader of

289 the party that won the elections gets this post. The Ministers are appointed by the President on Prime Minister’s recommendation. 72 Local organs of power in Hungary provide a wider range of services than local authorities in most countries – members of EC. Competitive nature of their functions is determined by Art. 8 of the Law of 1990. Some of these functions are considered obligatory: provision of pure drinking water, primary education, the main types of medical and social services; street lightning; maintenance of local roads and cemeteries. 73 State grants make half of the income of organs of authority in Hungary. They are divided into general subsidies distributed all over the country on the basis of normative criteria and categorical grants that are paid to each local body of authority to fulfill special project or activity. General subsidy is the main grant of the state making up 43% of local powers income and categorical grants make up only 7% of the local income. 74 The income of local bodies may be divided into direct sources of income (own resources) and income that is common with state authorities (shared taxes). Local taxes at the moment make up 7% of the total income of local bodies of authority, but may significantly increase during the next years. Local taxation consists of the following four main taxes: land tax; real estate tax; communal tax (alternative to two mentioned above); tourism tax; turnover tax. 75 An important source of local income is payment for services, selling licenses for construction and income on economic activity of enterprises that earlier belonged to the local council. In the future the tax on new local property will become a source of income. The creation of such property is a very difficult task for local authorities as they do not have the right to own profitable enterprises. They should limit their activity by everyday service enterprises, but it does not exist in practice. In any case, the opportunities of local authorities to acquire enterprises are limited due to economic crisis. 76 Another main source of local income in addition to state subsidies is the taxes shared between local and central authorities (shared taxes are stipulated in Art. 83 of the Law of 1990). There are two types of shared taxes in the Law: “a certain part of personal income tax” and “other shared taxes” that may be “transferred by a separate Parliamentary act”. In practice the only shared tax is the personal income tax that makes up 13% of local authorities income. 77 An urgent problem is municipal housing construction; it “paralyzes” local authorities. Payments for the apartments and also different fees and fares for public services are established by the central government on such a level that it makes local authorities to provide them on highly subsidized prices.

78 Reforming of the system of self-government in Hungary took place in the 90s and had 2 stages.The first stage began in 1990 when the Law “on local self- government” that created the legal basis to realize the process of democratization and the reform of political system was adopted. This system began to act when the

290 Law “On local elections” was adopted and realized in the same year. 79 See: The Constitution of Hungary (the Republic of Hungary) of August 18, 1949. Part IX. The bodies of local self-government. 41. 1) The territory of the Republic of Hungary consists of the capital, regions, towns and villages. 2)The capital is divided into districts. In towns the districts may also be formed. 42. The voters from villages, towns, the capital and its districts, and regions as well, have the right of local self-government. Local self-government is independent, democratic solution of all local public affairs concerning the communities of voters, exercising of local administrative power in the interests of people. 43. 1) The main rights of local self-governments are the same. But the duties may be different. 2) Rights and duties of local self-government are defined by law. Fulfilling the competence of self-government legally is connected with juridical defense: local self-government can apply for legal defense to the Constitutional Court. Ñì.: www. constitution.garant.ru. 80 See: Æó÷åíêî À. À. Îñîáåííîñòè ñîäåðæàíèÿ Êîíñòèòóöèè Âåíãðèè // Êîíñòèòóöèîííîå è ìóíèöèïàëüíîå ïðàâî. - 2003. - N 2. - Ñ. 43-47. 81 See: Æó÷åíêî À. À. Îñîáåííîñòè ñîäåðæàíèÿ Êîíñòèòóöèè Âåíãðèè // Êîíñòèòóöèîííîå è ìóíèöèïàëüíîå ïðàâî. - 2003. - N 2. - Ñ. 45. 82 See: Ôåíåíêî Þ.Â. Êðàòêèé êóðñ ñîöèîëîãèè â ñõåìàõ. Ì.; Èçäàòåëüñòâî ÎÎÎ «ÏÊÖ Àëüòåêñ», 2005. 83 1821-1829 – National liberation revolution against Turkish yoke. Russian-Turkish war (1828-1829). Russia defeated Ottoman Empire. Singing of Adrianopol Peace Treaty. 1827 – election of Ioannis Kapodistrias as the President of the Republic of Greece. (Born on the island of Corfu Ioannis Kapodistrias from his youth was obsessed wiyh the idea of Greece liberation. After liberation of the Ionian Islands by Russian sailors and creation of Ionian Republic Kapodistrias served as Secretary 0f State for Foreign Affairs. When control over the Ionian Islands was taken by the French he left for Russia. In 1805 he became the head of Ministry of Foreign Affairs of Russia. For eight years he served to Alexander I working in St. Petersburg, Austria and other countries. Kapodistrias was an active participant in the struggle for the liberation of Greece). 1830 – London conference. Russia, England and France proclaimed Greece an independent state. 1832 – Otto I of the Bavarian House was proclaimed the first King of Greece.1 924-1935 – Greece was declared a Republic. 1935 – Restoration of monarchy with King George II as a head. 1936-1941 – General Metaxas established military dictatorship. 1946-1949 – Civil War. 1947-1967 – Restoration of monarchy. Up to 1964 the King was Paul I and then his son Constantine II. See: http://www.greek.ru/ru/culture/history/. 84 1967-1974 – As a result of a coup d’etat junta of “Black Colonels” seized the power. The King emigrated from the country. 1974 – To overthrow democratically elected government of Cyprus the ruling junta of Greece carried out military coup on the island on July 15. On July 20 Turkey, violating international principles, landed troops as if to restore constitutional order. This resulted in downfall of junta in Greece, but the northern part of Cyprus is still occupied up to now. 1974-1975 – Under leadership of the former Prime Minister Constantine Karamanlis who returned from

291 emigration the new Constitution was adopted and democratic forces consolidated. The Communist Party became legal. In 1980 and 1990 Karamanlis was elected the President for a five-year term. See: http://www.greek.ru/ru/culture/history/. 85 In particular, in the XXth century four Constitutions of Greece were adopted including the present one that came into effect on June 11, 1975.See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 86 See: The Constitution of Greece (Greek Republic) of June 11, 1975. Section II. The President of the Republic. Chapter One. Election of the President. Article 30. The President of the Republic shall regulate the function of the institutions of the Republic. He shall be elected by Parliament for a term of five years, as specified in articles 32 and 33. The office of the President shall be incompatible with any other office, position or function. The presidential tenure commences upon the swearing-in of the President. In case of war, the presidential tenure shall be extended until termination of the war. Re-election of the same person as President is permitted only once. Article 31. To be eligible for election to the presidency, a person must be a Greek citizen for at least five years, be of Greek descent from the father’s line, have attained the age of forty and be legally entitled to vote. Article 32. 1. The President of the Republic shall be elected by the Parliament through vote by roll call in a special session called for this purpose by the Speaker at least one month before the expiration of the tenure of the incumbent President, as specified by the Standing Orders. In case of permanent incapacity of the President of the Republic to discharge his duties, as specified in paragraph 2 of article 34, as well as in case of his esignation, death, or removal from office in accordance with the provisions of the Constitution, Parliament shall be assembled to elect a new President within ten days at the latest from the premature termination of the tenure of office by the previous President. 2. In all cases, the election of a President shall be made for a full term. 3. The person receiving a two-thirds majority of the total number of Members of Parliament shall be elected President of the Republic. Should the said majority not be attained, the ballot shall be repeated after five days. Should the second ballot fail to produce the required majority, the ballot shall once more be repeated after five days; the person receiving a three-fifths majority of the total number of Members of Parliament shall be elected President of the Republic. 4. Should the third ballot fail to produce the said qualified majority, Parliament shall be dissolved within ten days of the ballot, and elections for a new Parliament shall be called. As soon as the Parliament thus elected shall have constituted itself as a body, it shall proceed through vote by roll call to elect the president of the Republic by a three-fifths majority of the total number of Members of Parliament. Article 37. The President of the Republic shall appoint the Prime Minister and on his recommendation shall appoint and dismiss the other members of the Cabinet and

292 the Undersecretaries. The leader of the party having the absolute majority of seats in Parliament shall be appointed Prime Minister. If no party has an absolute majority, the President of the Republic shall give the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a Government enjoying the confidence of the Parliament. //Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã; See: http://constitution.garant.ru. 87 Every nome is governed by nomarch elected as all bodies of local self- government once in four years. The nomes are divided into eparchies, eparchies into demes and demes into communities (villages in rural area or districts in the cities). The exception is Agio Oros – an autonomous territory on the Holy Mountain of Athos. 88 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 89 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 90 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 91See: Èãíàòîâ Â.Ã., Áóòîâ Â.È. Çàðóáåæíûé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ è ðîññèéñêàÿ ïðàêòèêà: Ó÷åáíîå ïîñîáèå. - Ì.: Ðîñòîâ, 1999. 92 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 93See.: Èãíàòîâ Â.Ã., Áóòîâ Â.È. Çàðóáåæíûé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ è ðîññèéñêàÿ ïðàêòèêà: Ó÷åáíîå ïîñîáèå. - Ì.: Ðîñòîâ, 1999. 94 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 95 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 96 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 97 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 98 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 99 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 100 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 101 Denmark is one of the ancient states of Western Europe. It was founded by the tribes of Danes, who originally lived in the South of Scandinavian Peninsula and settled down in the Danish Archipelago and Jutland. Since theVIII century the Danish Vikings keeping in fear Western Europe and Northern Africa began their campaigns. In the beginning of XIth century the Danish state consisted of the eastern part of England and Norway and White Sea coast with northern Estonia in XII-XIII centuries. However, Denmark could not keep the invaded territories and since the beginning of XIV century as a result of intestine wars completely lost major part of its former lands. The breaking point came only in 1397 when Kalmar Union was concluded, that united Denmark, Sweden (with Finland) and Norway (with Iceland)under rule of Danish kings. Kalmar Union turned to be unstable. Sweden became free from Danish rule in 1523 and Norway in 1813-1814 that (without Iceland) was given to Sweden after defeat of Denmark in Sweden-Denmark war of 1813-1814. 102 The Constitution of Denmark of June 5, 1953. Part I. §.2. The form of government shall be that of a constitutional monarchy. Royal authority shall be inherited by men and women in accordance with the provisions of the Act of Succession to the Throne of March 27, 1957. §.3. Legislative authority shall be

293 vested in the King and the Folketing conjointly. Executive authority shall be vested in the King. Judicial authority shall be vested in the courts of Justice.See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 103 The Constitution of Denmark of June 5, 1953. Part III. §.14. The King shall appoint and dismiss the Prime Minister and the other Ministers. He shall decide upon the number of Ministers and upon the distribution of the duties of government among them.See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 104 The first Constitution of Denmark was adopted in 1849 resulting from revolutionary movement. It limited the powers of the King and introduced a number of democratic innovations in electoral law and local self-government. For the first time Parliament was formed in the country consisting of two houses – Folketing and Landsting. The first house was elected via direct suffrage by men of good reputation over 31 years old. Electors over 25 years old could become deputies of Folketing. The second house – Landsting – was formed via indirect elections by electoral collegium consisting of prosperous citizens of Denmark over 40 years old. The new Constitution came in force in 1855. Its main task was to secure special status of duchies of Schleswig and Holstein that, nevertheless, were soon lost as a result of war with Prussia. The next Constitution of 1863 secured the change of royal dynasty of the Oldenburgs by the Glucksburgs. In three years in 1866 a new Constitution was adopted restoring basic regulations of the Constitution of 1849. At the same time a number of democratic gains were lost. In particular, higher property qualifications for Landsting elections were imposed that provided predominant position of big landlords in this house of Parliament. The next Constitution was put in force in 1915. It summed up the results of long-term struggle for democratization of political structure of Denmark. Universal suffrage was introduced in the country (before 1915 women and hired people were deprived of this right). Elections to Folketing were held on the basis of proportional representation. The reform of juridical system was implemented and the list of democratic rights and freedoms was expanded. The current Constitution of Denmark came into force on June 5, 1953. Its wording was developed by the Constitutional Committee that was formed soon after the end of World War II. The new Constitution eliminated the upper House of Parliament – Landsting and introduced such constitutional innovations as inheritance of the throne by women, political responsibility of the government, referendum, ombudsman, autonomy of Greenland and Faroe Islands. The Constitution of 1953 consists of 11 parts including 89 sections. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ,2001 ã. 105 Danish commission on the law on local self-government began its work in 1958 with the consideration of existing statutes on local self-government. But soon the commission also began to analyze the structure of local self-government (25 counties and 1,388 municipalities) in order to asses to what extent migration (from rural areas to cities) and changes of general structure of Danish society, especially economic and industrial development made the existing structure old and out-of-

294 date. See: Êàê îðãàíèçîâàòü ñèñòåìó ìåñòíîãî ñàìîóïðàâëåíèÿ. Äàòñêèé, ñêàíäèíàâñêèé è åâðîïåéñêèé îïûò// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ.87-96. 106 Before the reform of 1970 Denmark was divided into 1300 rural municipalities, 88 towns and 25 counties. The counties covered rural municipalities and controlled them, while the cities were functioning more independently and under control of the Ministry of Internal Affairs. See: Äàíèÿ. Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ Äàíèè// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ.87-96. 107 See: Õîëãåð Ïèíäò. Ìåæìóíèöèïàëüíàÿ êîîïåðàöèÿ â Äàíèè// Áèáëèîòåêà ïðèëîæåíèé ê æóðíàëó “Ãîðîäñêîå óïðàâëåíèå” Ìåæìóíèöèïàëüíàÿ êîîïåðàöèÿ. Ñáîðíèê ìàòåðèàëîâ. Ñîñòàâèòåëü Þ. Êèðèëëîâ. www.rels.obninsk.com. 108 See: Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ Äàíèè// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ.90. 109 See: Õàíñåí Á. Ìåñòíîå óïðàâëåíèå â Äàíèè. – Ñ-Ïá., 1991. 110 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 111 See: Êðèñòîôôåðñåí X. Ñîöèàëüíàÿ ïîëèòèêà â Äàíèè. // Ïðîáëåìû òåîðèè è ïðàêòèêè óïðàâëåíèÿ. - 1997. ¹ 4. 112 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 113 English colonization of Ireland began in the XVI century, when in 1541 the English King Henery VIII proclaimed himself King of Ireland. In 1601 the army of Queen Elizabeth defeated the Irelanders in the battle of Kingsale, it signified the real establishment of English rule. By the end of the XVIII century Irish Parliament was granted with an independence of some kind. Ireland was considered as a separate kingdom, but all administration was appointed by the English Crown. Since 1801 the Irish parliament was deprived of independence and the Irish members of parliament began to meet in Westminster where they were always an insignificant minority. Creation of a new political party “Sean Fein” (“We ourselves”) at the beginning of the XX century helped to unite the nation, it made the Irish national movement an organized character. It got such a scale that in 1914 the British Parliament had to accept the Law on Homerule, I.e. self-government of Ireland. In December 1921 English-Irish Treaty was signed, according to which 26 counties on the territory if Ireland formed a free Irish state with the status of dominion. 114 The Constitution of Ireland (Irish REpublic) of December 29, 1937. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 115 See: Èíñòèòóòû ñàìîóïðàâëåíèÿ: èñòîðèêî-ïðàâîâîå èññëåäîâàíèå / Îòâåòñòâåííûé ðåäàêòîð Ìàìóò Ë.Ñ.; ÐÀÍ, Èíñòèòóò ãîñóäàðñòâà è ïðàâà. – Ì.: Íàóêà, 1995. 116 There are from 20 to 28 members in the councils of counties, in the councils of city corporations – from 15 to 52. The city and other councils usually consist of not more than 12 members. See: Êðûëîâ Á.Ñ., Êîíñòèòóöèÿ Èðëàíäèè (Èðëàíäñêîé Ðåñïóáëèêè) îò 29 äåêàáðÿ 1937 ã. Ââîäíàÿ ñòàòüÿ. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 117 See: Ìåñòíîå ñàìîóïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: (Èíôîðìàöèîííûé Îáçîð) // Ãóáåðíñêèé èíôîðìàöèîííûé áþëëåòåíü – 1995. – ¹2. – Ñ. 34–81. 118 See: Èíñòèòóòû ñàìîóïðàâëåíèÿ: èñòîðèêî-ïðàâîâîå èññëåäîâàíèå / Îòâåòñòâåííûé

295 ðåäàêòîð Ìàìóò Ë. Ñ.; ÐÀÍ, Èíñòèòóò ãîñóäàðñòâà è ïðàâà. – Ì.: Íàóêà, 1995. 119 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå / Íàó÷íî-àíàëèòè÷åñêèé îáçîð. – Ì.: ÈÍÈÎÍ ÐÀÍ,– 1994. 120 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû / Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 121 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû / Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 122 See: Ðåôîðìû ìóíèöèïàëüíûõ ñèñòåì Çàïàäíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ, êí. 1. – 1996. – Ñ. 19–24. 123 See: Ðåôîðìû ìóíèöèïàëüíûõ ñèñòåì Çàïàäíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ, êí. 1. – 1996. 124 See: Ðåôîðìû ìóíèöèïàëüíûõ ñèñòåì Çàïàäíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ, êí. 1. – 1996. – Ñ. 19–24. 125 See: Ïóøêàðåâà Â. Ì. Èñòîðèÿ ôèíàíñîâîé ìûñëè è ïîëèòèêè íàëîãîâ. - Ì., 1996. 126 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû / Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 127 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 128 The Constitution of Ireland (Irish Republic) of December 29, 1937. Presenting of bills to the Supreme Court. Article 26.1.1. The President after consultation with the State Council may submit any bill to which this article may be applied to the Supreme Court for consideration whether such bill or its separate order or any of orders contradicts this Constitution or any of its orders. 2. Every such submission should take place not later than seven days after the date when this bill should be submitted to the President by the Prime Minister. 3. In accordance with this Article the President should not sign the bill that is submitted to the Supreme Court until the decision of the court is announced. 3.1. In all cases when the Supreme Court decides that any of the statutes of the bill that was submitted to the Supreme Court in accordance with this Article contradicts the Constitution or any of its statutes the President should refuse to sign such bill. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 129 The Constitution of Iceland (Republic of Iceland) of June 17, 1944. In 1944 Iceland cancelled the union with Denmark de jure. In May 1944 according to the terms of Act of Union of 1918 referendum on the Union and the type of government was held. The majority of people voted for the cancellation of Union and declaration of Republic. On June 17, 1944 independent Republic of Iceland was declared. At the meeting of Alting the Constitution was unanimously adopted and the first President elected on that day.See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 130 Administrative and territorial division of the Republic of Iceland: 8 regions

296 consisting of 23 districts (sisla). 131 The Constitution of Iceland (Republic of Iceland) of June 17, 1944. Article 76. The right of self-government of local communities under control of the government is secured by law. Article 78. The municipalities shall manage their affairs independently as laid down by law. The income sources of the municipalities, and the right of the municipalities to decide whether and how to use their sources of income, shall be regulated by law.See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 132 See: Êàê îðãàíèçîâàòü ñèñòåìó ìåñòíîãî ñàìîóïðàâëåíèÿ. Äàòñêèé, ñêàíäèíàâñêèé è åâðîïåéñêèé îïûò// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ. 96. 133See: Ñòîëèöû ìèðà: ïðîáëåìû ýêîíîìèêè è óïðàâëåíèÿ / (Ñá. îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”) – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 134 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå / Íàó÷íî-àíàëèòè÷åñêèé îáçîð. – Ì.: ÈÍÈÎÍ ÐÀÍ,– 1994. 135 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå / Ïåðåâîä ñ àíãëèéñêîãî. – Ì.: Ôèíàíñû è ñòàòèñòèêà, 1992. 136 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 137 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 138 Long before the establishment of Regime of Franco Spain had already had some experience of local and regional self-government. But under Franco these rights were eliminated, and the central government exercised power at all levels. After the restoration of democracy the local bodies of authority were delegated with significant powers. See: http://spain-info.ru/about/politics_state/local_selfgovernments. html. 139 The Consitution of Spain. (Adopted by the Cortes Generale at the plenary sessions of the Deputies of Congress and the Senate on October 31, 1978, approved by the Spanish people at the referendum of December 6, 1978, signed by H.M. King before the Cortes Generale on Decemberr 27, 1978). Article 62. The King. ... 4. To propose a candidate for President of the Government and, as the case may be, appoint him or her or remove him or her from office, as provided in the Constitution. 5. To appoint and dismiss members of the Government on the President of the Government’s proposal. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 140 See: Øòåéíáåðã Ä. Ñ. Øàøêîâà À. Í. Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèè è Èñïàíèè: ñðàâíèòåëüíûé àíàëèç. Ðîññèéñêàÿ þñòèöèÿ.- 1999.-N12.-Ñ.51-52. 141 See: Óòêèí Ý.À., Äåíèñîâ À.Ô. Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå. — Ì.: Èçäàòåëüñòâî «ÝÊÌÎÑ», 2001 ã. 142 See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â ñîâðåìåííûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. – Èðêóòñê: ÈÃÓ, 1995. 143 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996.

297 144 In Spain the tax is collected annually by the bodies of local self-government. The taxation basis is cadastre value. It is re-evaluated every 8 years by Cadastre Department (a state structure that deals with census, assessment and re-assessment of property) with the reference to the market velue of property including the value of land and buildings. // Íèêîëàåâà À. Ñ. Ýêîíîìèêà. Ìèðîâîé îïûò (ïî äàííûì Ìèíèñòåðñòâà ïî íàëîãàì è ñáîðàì ÐÔ). Ãàçåòà “Êàëèíèíãðàäñêàÿ ïðàâäà” 24.06.2003. 145 See: Ñòîëèöû ìèðà: ïðîáëåìû ýêîíîìèêè è óïðàâëåíèÿ / (Ñá. îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”) – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 146 The Consitution of Spain. (Adopted by the Cortes Generale at the plenary sessions of the Deputies of Congress and the Senate on October 31, 1978, approved by the Spanish people at the referendum of December 6, 1978, signed by H.M. King before the Cortes Generale on Decemberr 27, 1978). Article 141. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 147 See: Óòêèí Ý.À., Äåíèñîâ À.Ô. Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå. — Ì.: Èçäàòåëüñòâî «ÝÊÌÎÑ», 2001 ã. 148 See: Øòåéíáåðã Ä. Ñ. Øàøêîâà À. Í. Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèè è Èñïàíèè: ñðàâíèòåëüíûé àíàëèç. Ðîññèéñêàÿ þñòèöèÿ.- 1999.-N12.-Ñ.51 149 See: Donaghy P. S., Hewton M. T. Spain: a guide to political end economic institutions. Cambrige: Cambrige University Press, 1987. P. 151. 150 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 151The Constitution of Spain. Article 141. The province is a local entity, with its own legal personality, arising from the grouping of municipalities, and a territorial division designed to carry out the activities of the State. Any alteration of provincial boundaries must be approved by the Cortes Generales in an organic act. 2. The government and autonomous administration of the provinces shall be entrusted to Provincial Councils (Diputaciones) or other Corporations that must be representative in character. 3. Groups of municipalities other than provinces may be formed. 4. In the archipelagos, each island shall also have its own administration in the form of Cabildo or Insular Council. See: ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 152 See: Øòåéíáåðã Ä. Ñ. Øàøêîâà À. Í. Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèè è Èñïàíèè: ñðàâíèòåëüíûé àíàëèç. Ðîññèéñêàÿ þñòèöèÿ.- 1999.-N12.-Ñ.50. 153 The Constitution of Spain. Article 145. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 154 The Constitution of Spain. Article 148. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 155 See: The Constitution of Spain. Article 147. 156 The Constitution of Spain. Article 44. 1. State authorities encourage and patronize exercising of rights of each person to access culture. 2. State authorities encourage science and scientific reseach to satisfy common interests. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 157 The Constitution of Spain. Article 147. 1. Within the terms of the present

298 Constitution, Statutes of Autonomy shall be the basic institutional rule of each Self-governing Community and the State shall recognize and protect them as an integral part of its legal system. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 158See: The Constitution of Spain. Article 147. 159 See: Ìåñòíàÿ âëàñòü â Èñïàíèè: óïðàâëåíèå ôèíàíñàìè. Ì.: ÈÍÈÎÍ, 1994. 160 The Constitution of Spain. Article 157. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. ã. 161 At the consultative meeting in April 1945 the political parties taking part in the Resistance Movement spoke for the radical changes of political institutions in the country. During the campaign on holding the referendum King Victor-Emmanuil III, having realized that his cooperation with Mussolini in the past was threatening the dynasty, abdicated the crown on May 9, 1946, in favour of his son Umberto II (1904- 1983). Having come to the throne Umberto held it for a little more than a month, from May 9 to June 13, 1946, he became the last Italian King and the organizer of a propaganda compaign for keeping monarchy in the country. At the referendum on June 2, 1946 the monarchic type of government was denied (majority 54,3% against 45,7%, preponderance was 2 mln. votes from 23,4 mln. voted). See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü ïðîôåññîð Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 162 The development of the Consitution took place in a difficult situation; none of the political parties had the absolute majority at the Assembly (Christian Damocarts - 35,2%, Socialists - 20,7%, Communists - 19,7%). The length of development was also influnced by divergence in the forces of anti-fascist coalition,and also elimination of the communists and socialists fronm the Government by the Prime Minister, Christian Democrat A. de Gasperi (1881-1954). As a result Constituent Assembly that had to finish work on February2 4, 1947, existed until the end of the year and only on December 22 adopted the Consitution (453 votes against 62). it was promulgamated on December 27 of the same year and came into force on January 1, 1948. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü ïðîôåññîð Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 163The Consitution of Italy. Chapter V. Regions, provoncees and municipalities. Article 114. The Republic is composed of the Municipalities, the Provinces, the Metropolitan Cities, the Regions and the State. Municipalities, provinces, metropolitan cities and regions are autonomous entities having their own statutes, powers and functions in accordance with the principles laid down in the Constitution. Rome is the capital of the Republic. Its status is regulated by State Law. Constitutioanl Law N 3 of October 18, 2001. “On the change of Chapter V of Part II of the Constitution”. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü ïðîôåññîð Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 164 The Consitution of Italy. Article 116. Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol and Valle d’Aosta/Valle d’Aoste have special forms and

299 conditions of autonomy pursuant to the special statutes adopted by constitutional law. The Trentino-Alto Adige/Südtirol Region is composed of the autonomous provinces of Trent and Bolzano. Artcle 117. The Regions and the autonomous provinces of Trent and Bolzano take part in preparatory decision-making process of EU legislative acts in the areas that fall within their responsibilities. They are also responsible for the implementation of international agreements and EU measures, subject to the rules set out in State law which regulate the exercise of subsidiary powers by the State in the case of non-performance by the Regions and autonomous provinces. In the areas falling within their responsibilities, Regions may enter into agreements with foreign States and with local authorities of other States in the cases and according to the forms laid down by State legislation. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. 4-å èçä., - Ì.: Âîëòåðñ Êëóâåð, 2003. 165 See: Ôèëèìîíîâà Ì.Â., Ìåäâåäåâ Ñ.Í. Ãîñóäàðñòâåííûé ñòðîé Èòàëüÿíñêîé Ðåñïóáëèêè. Ì.: ÌÃÞÀ, 1985. 166 See: Óòêèí Ý.À., Äåíèñîâ À.Ô.167Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå. — Ì.: Èçäàòåëüñòâî «ÝÊÌÎÑ», 2001 ã. 168 The Constitution of March 4, 1848 ã. established the “Statute of Kingdom”, having also the name of Albertine Statute (after the name of the King of Sardinia Karl-Albert (1798-1849)), its content was inspired by the French Constitutional Charter of 1830. The Consitution of 1848 esatblished a parliamentary monarchy system in the country. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 169 The Consitution of Italy. Article 118. Administrative functions are attributed to the Municipalities, unless they are attributed to the provinces, metropolitan cities and regions or to the State, pursuant to the principles of subsidiarity, differentiation and proportionality, to ensure their uniform implementation. Municipalities, provinces and metropolitan cities carry out administrative functions of their own as well as the functions assigned to them by State or by regional legislation, according to their respective competences. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â. Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 170 The Constitution of Italy. Article 121. The organs of the Region are: the Regional Council, the Regional Executive and its President. The Regional Council shall exercise the legislative powers attributed to the Region as well as the other functions conferred by the Constitution and the laws. It may submit bills to Parliament. The Regional Executive is the executive body of the Region. The President of the Executive represents the Region, directs the policy-making of the Executive and is responsible for it, promulgates laws and regional statutes, directs the administrative functions delegated to the Region by the State, in conformity with the instructions of the Government of the Republic. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.:

300 Âîëòåðñ Êëóâåð,2003. See: Ìåñòíûå îðãàíû âëàñòè è ïðåäïðèíèìàòåëüñòâî â Èòàëèè: Ñáîðíèê îáçîðîâ. Ì.: ÈÍÈÎÍ, 1994. 171 See: Âàñèëüåâà Ò.À. Ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ â Èòàëèè// Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû. Ì., 1993. Ñ.49. 172The Constitution of Italy. Article 119. Municipalities, provinces, metropolitan cities and regions shall have revenue and expenditure autonomy. Municipalities, provinces, metropolitan cities and regions shall have independent financial resources. They set and levy taxes and collect revenues of their own, in compliance with the Constitution and according to the principles of co-ordination of State finances and the tax system. They share in the tax revenues related to their respective territories. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàáîòàííîå è äîïîëíåííîå - Ì.: Âîëòåðñ Êëóâåð, 2003. 173 Ñì.: Øèøêèíà Í.Ý. Ñîâðåìåííûå ãîñóäàðñòâåííî-ïðàâîâûå ïðîáëåìû ìóíèöèïàëüíîãî óïðàâëåíèÿ è ñàìîóïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ (ýêîíîìèêî-ôèíàíñîâûé àñïåêò). Èðêóòñê, 1997. Ñ.11. 174 See: Øèøêèíà Í.Ý. Ñîâðåìåííûå ãîñóäàðñòâåííî-ïðàâîâûå ïðîáëåìû ìóíèöèïàëüíîãî óïðàâëåíèÿ è ñàìîóïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ (ýêîíîìèêî-ôèíàíñîâûé àñïåêò). Èðêóòñê, 1997. Ñ.16. 175 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 176 See: Æèâîòîâñêàÿ È.Ã. Ìåñòíûå îðãàíû âëàñòè è ïðåäïðèíè-ìàòåëüñòâî â Èòàëèè. - Ì., 1994. 177 The Constitution of Italy. Article 116. Article 117. Ñì.: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. 4-å èçä. Ì.: Âîëòåðñ Êëóâåð, 2003. 178 See: Âàñèëüåâà Ò.À. Ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ â Èòàëèè// Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû. Ì., 1993. Ñ.49. 179 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 180 The Constitution of Italy. Chapter VI. Consitutional guarantees. Part 1. Constitutional Court. Article 134. The constitutional court decides: disputes concerning the constitutionality of laws and acts with the force of law adopted by state or regions; conflicts arising over the allocation of powers between branches of government within the state, between the state and the regions, and between regions. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/ Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. 4-å èçä. Ì.: Âîëòåðñ Êëóâåð, 2003. 181 The Constitution of Italy. Article. 127. Whenever the government regards a regional law as exceeding the powers of the region, the question may arise of its constitutionality before the constitutional court within sixty days of the publication of the law. Whenever a region regards a state law, another act of the state having the force of law, or a law of another region as infringing on its own sphere of powers, it may raise the question of its constitutionality before the constitutional court

301 within sixty days of the publication of said law or act. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. 4-å èçä. Ì.: Âîëòåðñ Êëóâåð, 2003. 182 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 183 See: Èñòîðèÿ Êèïðà. www.keepr.ru/history. 184 With the adoption of the Constitution of Cyprus (the Republic of Cyprus) on August 16, 1960 the Republic of Cyprus became an independent state. On the same day the governor of the former colony of Cyprus, official representatives of Greece, Turkey and also archbishop Makarios (from the Greek community) and Dr. Kuchuk (from the Turkish community) signed the Constitution that immediately came into force. With the adoption of the new Constitution the contradictions between Greek and Turkish communities were not eliminated, and from the very beginning it was obvious that some stipulations of the Constitution were difficult to implement. In order to prevent the constitutional crisis, in 1963 President Makarios proposed to make some amendments to the basic law of the country. Particularly, such proposals were related to the abolishment of the right of veto of the President and Vice-president; changes in the order of replacement of the positions of the first two people in the country in case they are absent, and also under some other circumstances; changes of the items concerning the formation of the municipalities, etc. (13 amendments). The Constitution of the Republic of Cyprus of 1960 is a large document consisting of 199 articles that are united into 13 parts. Besides, it includes the Agreement on guarantees, Union Agreement, and also the List of the main article of the Constitution. It is necessary to mention that the Constitution justifies its characteristics as possibly being unflexible and very complicated given by foreign lawyers. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 185 See: Èñòîðèÿ Êèïðà. www.keepr.ru/history. 186 See: www.un.org/russian/sc/. 187 Àdministrative division - 6 districts 1.Kyrenia – the City of Kyrenia. 2.Larnaca – the City of Larnaca. 3.Limassol – the City of Limassol. 4.Nicosia - the City of Nicosia. 5.Paphos - the City of Paphos. 6.Famagusta - the City of Famagusta. (district Kyrenia, almost the whole district of Famagusta, small part of the districts of Nicosia and Larnaca are the part of Turkish territory). The large cities are Nicosia (166,000 in Greek zone and 39,000in Turkish zone), Limassol (129,000), Larnaca (59,000). 188 See: Õàäæèïàâëó À. Â ìåñòíûõ îðãàíàõ âëàñòè íåò ìåñòà ïîëèòèêå / [Áåñåäà ñ ðóêîâîäèòåëåì ñàìîãî êðóïíîãî ìóíèöèïàëèòåòà Êèïðà À. Õàäæèïàâëó / Çàïèñàë Ñ. Ïîæèâèëêî] // Ðîññèéñêàÿ Ôåäåðàöèÿ. – 1993. – ¹ 3–12. – Ñ. 39–40. 189 See: Õàäæèïàâëó À. Â ìåñòíûõ îðãàíàõ âëàñòè íåò ìåñòà ïîëèòèêå / [Áåñåäà ñ ðóêîâîäèòåëåì ñàìîãî êðóïíîãî ìóíèöèïàëèòåòà Êèïðà À. Õàäæèïàâëó / Çàïèñàë Ñ. Ïîæèâèëêî] // Ðîññèéñêàÿ Ôåäåðàöèÿ. – 1993. – ¹ 3–12. – Ñ. 39–40. 190 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994.

302 191 See: Ñòîëèöû ìèðà: ïðîáëåìû ýêîíîìèêè è óïðàâëåíèÿ / (Ñá. îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”) – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 192 See.: Øèøêèíà Í.Ý. Ñîâðåìåííûå ãîñóäàðñòâåííî-ïðàâîâûå ïðîáëåìû ìóíèöèïàëüíîãî óïðàâëåíèÿ è ñàìîóïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ (ýêîíîìèêî-ôèíàíñîâûé àñïåêò). Èðêóòñê, 1997. Ñ.56. 193 See: Õàäæèïàâëó À. Â ìåñòíûõ îðãàíàõ âëàñòè íåò ìåñòà ïîëèòèêå / [Áåñåäà ñ ðóêîâîäèòåëåì ñàìîãî êðóïíîãî ìóíèöèïàëèòåòà Êèïðà À. Õàäæèïàâëó / Çàïèñàë Ñ. Ïîæèâèëêî] // Ðîññèéñêàÿ Ôåäåðàöèÿ. – 1993. – ¹ 3–12. – Ñ. 39–40. 194 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 195 As a feudal state Luxembourg is known since 963. Since the XIVcentury it a part of the Netherlands. It became independent on the decisions of Vienna Congress (1815). Before 1868 Luxembourg was a part of German union. The modern constitutional history of Luxembourg bagan with the adoption of the Consitution on October 17, 1868. The Constitution of the Grand Duchy of Luxembourg. See: Ïèëèïåíêî À.Í. Ââîäíàÿ ñòàòüÿ. Êîíñòèòóöèÿ Ëþêñåìáóðãà (Âåëèêîãî ãåðöîãñòâà Ëþêñåìáóðã). Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 196 The Constitution of Luxembourg (the Grand Duchy of Luxembourg). Article 3. The crown of the Grand Duchy of Luxembourg is inherited in the family of Nassau according to the Treaty of June 30, 1783, Article 71 of Vienna Treaty of June 9, 1815 and Article 1 of London Treaty of May 11, 1867. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 197 The Constitution of Luxembourg (the Grand Duchy of Luxembourg). Chapter V. On thó Government of the Grand Duchy of Luxembourg. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 198The Constitution of Luxembourg (the Grand Duchy of Luxembourg). Chapter IX. On communes. Article 107. (1) Communes form autonomous authorities, on a territorial basis, possessing legal personality and administrating their patrimony and own interests. (2) In each commune there is a communal council directly elected by the inhabitants; the conditions to be elector or eligible will be fixed by law. (3) The council draws up a yearly budget and closes the accounts. It issues communal regulations, except in case of emergency. It may impose taxes, with the Grand Duke’s approval. The Grand Duke may dissolve the council. (4) The commune is administered under the authority of the corporate body of the major and the aldermen who must be chosen among the communal councilors. (5) Supervision of the communal administration is ruled by law. Certain decisions of communal authorities have to be authorized by the supervision authority or may be cancelled or suspended should they be illegal or contrary to the public interests, without prejudice to the powers of the law courts or administrative tribunals. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 199 The basic unit of government in the Grand Duchy of Luxembourg is communes. It is governed by an elected council with a burgomaster appointed by the Grand Duke at the head and two oldermen. The council and the burgomaster control the

303 budget, construction of local roadsand communal services. The communes (there are more than 100 of them, average number of people in each is 2905) are united into 12 cantons formed into three districts. In each district the commissioner of the district is appopinted by the center, he is the representative of the Ministry of Internal Affairs. The main aim of this level of government is connecting together the primary link of local government in the country - communes. See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. 1.13. Ìåñòíîå óïðàâëåíèå â Ëþêñåìáóðãå. www.internet-law.ru. 200 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 201 See.: Ïèëèïåíêî À.Í. Ââîäíàÿ ñòàòüÿ. Êîíñòèòóöèÿ Ëþêñåìáóðãà (Âåëèêîãî ãåðöîãñòâà Ëþêñåìáóðã). Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. 202 See: Øèøêèíà Í.Ý. Ñîâðåìåííûå ãîñóäàðñòâåííî-ïðàâîâûå ïðîáëåìû ìóíèöèïàëüíîãî óïðàâëåíèÿ è ñàìîóïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ (ýêîíîìèêî-ôèíàíñîâûé àñïåêò). Èðêóòñê, 1997. Ñ.57. 203 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 204 See: Ïèëèïåíêî À.Í. Ââîäíàÿ ñòàòüÿ. Êîíñòèòóöèÿ Ëþêñåìáóðãà (Âåëèêîãî ãåðöîãñòâà Ëþêñåìáóðã). Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 205 The Constitution of 1848 was adopted during the revolutionary movement, it established the regime of the constitutional monarchy where parliament plays a bigger part. In 1887 a new Constitution is adopted which existed (with different amendments and in different published versions) until 1983, when the present Constitution of the Kingdom of the Nethelands was adopted. The latter consistes of 8 chapters including 142 articles, additional articles and a number of norms of the former Constitution in edition of 1972. Among the Acts of the constitutional importance there is the Charter of the Kingdom of the Nethelands of December 15, 1954, according to which Antil Islands and the Isle og Aruba were included into the Kingdom of the Nethelands as self-governed territories. See: Â.È. Ëàôèòñêèé. Êîíñòèòóöèÿ Íèäåðëàíäîâ (Êîðîëåâñòâà Íèäåðëàíäîâ) îò 17 ôåâðàëÿ 1983 ã. Introduction. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 206 See: Äàíêåðñ Ä.Ñ.Ì. Ìóíèöèïàëüíàÿ áþäæåòíàÿ ñèñòåìà â Íèäåðëàíäàõ // Ãîñóäàðñòâî è ïðàâî. 1993, 1. Ñ.92 - 99. 207 See: Ìåñòíîå ñàìîóïðàâëåíèå çà ðóáåæîì: Îïûò, êîììåíòàðèè è ðåêîìåíäàöèè ïî ïðèìåíåíèþ / Íàó÷íûé ðóêîâîäèòåëü Êîãóò À. Å.; ÐÀÍ, Èíñòèòóò ñîöèàëüíî-ýêîíîìè÷åñêèõ ïðîáëåì – Ñ-Ïá., 1995. 208 See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. 1.13. Ìåñòíîå óïðàâëåíèå â Íèäåðëàíäàõ. www.internet- law.ru. 209 See: Ðåôîðìû ìóíèöèïàëüíûõ ñèñòåì Çàïàäíûõ ñòðàí // Ìåñòíàÿ âëàñòü:

304 Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ, êíèãà 1. – 1996. – Ñ. 19–24. 210See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. 1.13. Ìåñòíîå óïðàâëåíèå â Íèäåðëàíäàõ. www.internet- law.ru. 211 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 212 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 213 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 214 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû / Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 215 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå / Ïåðåâîä ñ àíãë. – Ì.: Ôèíàíñû è ñòàòèñòèêà, 1992. 216 See: Èãíàòîâ Â.Ã., Áóòîâ Â.È. Çàðóáåæíûé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ è ðîññèéñêàÿ ïðàêòèêà: Ó÷åáíîå ïîñîáèå. - Ì.: Ðîñòîâ, 1999. 217 See: Ñàëîâ Î.À. Ìåñòíîå ñàìîóïðàâëåíèå â ñîâðåìåííîì ìèðå. // Ôåäåðàëèçì – 2000. – N 1. – Ñ. 175-198. 218 See: Îðãàíû ìåñòíîãî óïðàâëåíèÿ â çàðóáåæíûõ ñòðàíàõ: ñðàâíèòåëüíîå èññëåäîâàíèå. Íàó÷íî-àíàëèòè÷åñêèé îáçîð. Ì., 1994. 219 See: Øèøêèíà Í.Ý. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ: ñóùíîñòü è ñîâðåìåííûå ïðîáëåìû ðàçâèòèÿ. 1.13. Ìåñòíîå óïðàâëåíèå â Íèäåðëàíäàõ. www.internet- law.ru. 220 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû / Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993. 221 See: Ìîãóíîâà Ì.À. Êîíñòèòóöèÿ Íîðâåãèè (Êîðîëåâñòâà Íîðâåãèÿ) îò 17 ìàÿ 1814 ã. Ââîäíàÿ ñòàòüÿ. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 222 Storting exercises legislative power of Norway, it is elected every 4 years and it exists for the period è from 1989 to 2005. There are 165 deputies (stortingrepresentanter). Beginning with the elections of 2005 a number of deputies should increase up to 169 people. Storting consists of two houses, three quarters form the lower house –Odelsting, and one quarter – upper house –Lagting. Both houses have one supervising body – presidium (presidentskap) of Storting. The most important decisions are taken at the joint sessions of the two houses. See: Ïðîõîðîâ Ï. À. Ðîññèéñêèå íîâàöèè è íîðâåæñêàÿ äåéñòâèòåëüíîñòü. Î âûáîðàõ â íîðâåæñêèé ïàðëàìåíò, îðãàíû ìåñòíîé âëàñòè è ñàìîóïðàâëåíèÿ.// “Áàëòèéñêèé Èññëåäîâàòåëüñêèé Öåíòð”. www.brcinfo.ru. 223 The Constitution of Norway (the Kingdom of Horway) of May 17, 1814. Art.12. The King independently elects the council from the Norwegian citizens who has the right to vote. This council should consist of the Prime Minister and not less than 7 other members. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî

305 ÍÎÐÌÀ, 2001ã. 224 See: Ìîãóíîâà Ì.À. Êîíñòèòóöèÿ Íîðâåãèè (Êîðîëåâñòâà Íîðâåãèÿ) îò 17 ìàÿ 1814 ã. Ââîäíàÿ ñòàòüÿ. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 225 See: Ìàòåðèàëû ìåæäóíàðîäíîé êîíôåðåíöèè «Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ â Íîðâåãèè». 8-15 ÿíâàðÿ 1996, Îñëî (Íîðâåãèÿ). www.eurograd.spb.ru. 226 See: Ïèâîâàðîâ, Ê. À. Äåëåãèðîâàíèå ãîñóäàðñòâåííûõ ïîëíîìî÷èé ìåñòíûì îðãàíàì âëàñòè: Çàðóáåæíûé îïûò.// Ñèáèðñêèé Þðèäè÷åñêèé Âåñòíèê. - 2002. - ¹ 1. 227 See: Êàê îðãàíèçîâàòü ñèñòåìó ìåñòíîãî ñàìîóïðàâëåíèÿ. Äàòñêèé, ñêàíäèíàâñêèé è åâðîïåéñêèé îïûò// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ.87-96. 228 See: Êàê îðãàíèçîâàòü ñèñòåìó ìåñòíîãî ñàìîóïðàâëåíèÿ. Äàòñêèé, ñêàíäèíàâñêèé è åâðîïåéñêèé îïûò// æóðíàë «Ìóíèöèïàëüíîå ïðàâî» ¹ 4 (28), 2004. Ñ.87-96. 229See: Å. Ñîëáàêêåí. “Èííîâàöèîííûé îïûò ïàðëàìåíòñêîé ñèñòåìû óïðàâëåíèÿ è ðàéîííîãî ñàìîóïðàâëåíèÿ â Îñëî è âîçìîæíîñòè åãî èñïîëüçîâàíèÿ â ãîðîäàõ Ðîññèè”.// Ïðîáëåìû ðåãèîíàëüíîãî è ìóíèöèïàëüíîãî óïðàâëåíèÿ. Ìàòåðèàëû äîêëàäîâ è ñîîáùåíèé II Ìåæäóíàðîäíîé êîíôåðåíöèè 16-17 îêòÿáðÿ 2003 ã. Ñàíêò-Ïåòåðáóðã. Ì: ÐÃÃÓ. 2000ã. 230 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 231 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 232See: Ðîãèíñêèé Ñ.Â. Ýêîíîìè÷åñêàÿ ðîëü ìåñòíûõ îðãàíîâ âëàñòè â Íîðâåãèè./ / Ïðîáëåìû ðåãèîíàëüíîãî è ìóíèöèïàëüíîãî óïðàâëåíèÿ. Ìàòåðèàëû äîêëàäîâ è ñîîáùåíèé II Ìåæäóíàðîäíîé êîíôåðåíöèè 16-17 îêòÿáðÿ 2003 ã. Ñàíêò-Ïåòåðáóðã. Ì: ÐÃÃÓ. 2000ã. 233 See: Òèðàñïîëüñêèé Ã.È. Èç èñòîðèè ìåñòíîãî ñàìîóïðàâëåíèÿ â Ïîëüøå (íà÷àëî XIII â. - êîíåö XIX â.)// Âåñòíèê ÊÐÀÃÑèÓ. Ñåðèè “Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå” ¹1 2001ã. 234 In the history of world constitutionalism Poland occupies a special place: in May 1791 it gained the first Constitution in Europe that was named Law of Government, or Charter (the government in a broad sense as the whole system of supreme power in the state). It was the Constitution of the common Polish-Lithuanian state existed since the time of Lublin Union of 1569. By that time the type of the state was determined as The Polish Republic (Rzeczpospolita). In modern conditions this term usd in the names of the state of Poland is usually translated as “republic”. The first Constitution of Poland did not fully conform with this notion, as it did not recognize the equality of citizens and kept swome privileges for the gentry – the landlords, and even gave the preferences to the Catholics in comparison with other confessions, though it used such terms as “citizens” and “the people”. The principle of separation of powers was declared, but the bicameral Seim became the dominant one in the system of upper bodies of power. On November 23, 1793 in Grodno the Seim adopted a new Constitution. The Constitution of Grodno put the Permanent Council of the Seim at the head of the state and returned those privileges to the feudals that they were deprived of by the Constitution of May. On February 20, 1919 the Constituent Seim adopted the so called Little Constitution regulated the system of upper bodies of authority for the period until the adoptin of the Constitution on

306 March 17, 1921. It was a democratic Consitution envisaged not only usual for that time political and civil rights and freedoms but also a number of social rights. The parliamentary republic was chosen as the type of government. In 1926 after coup d’état some amendments were introduced to the Constitution of March. April 23, 1935 a new Constitution was adopted, it secured an authoritative political regime that was formed in the country by that time. Political rights of the citizens were limited, and the main political powers were concentrated in the hands of the President. In February 1947 the Declaration of rights and freedoms and the second so called Little Constitution – the Constitutional Law on the structure and competence of upper bodies of the Republic of Poland were adopted. According to this law the legislative power belonged to a unicameral Legislative Seim. In 1950 the former system of local government and self-government was eliminated and following the Soviet example was replaced with the system of “local organs of united state power” – formally elected national Soviets, almost all authorities of which were exercised by the permanently acting presidiums. The new Constitution of Poland adopted by the Legislative Seim gave a new name to the country – People’s Republic of Poland. This Constitution was similar to the Constitution of Stalin’s Constitution of the USSR of 1936 and like the latter one represented a pseudoconstitution. In 1976 a new version of the Constitution of Poland that was characterized by verbal democratization, especially in the formulations of rights and freedoms, was adopted, but at the same time by the open strengthening of authoritarian and even totalitarian features of political system and organization of power, that made the Constitution more real. In 1983 besides the new idealogic components guarantees of stability of the individual peasants’ farms were included into the Constitution, the institution of the exceptional position was established and its separation from the institution of martial law. In 1987 the new items on referendum were introduced to the Constitution, an in 1988 – on the ownership of territorial self-government. Such institutions, as Supreme administrative court and the Commissioner on the civil rights (Rzecznik - “defender”, “crier”) were established by the usual laws at that time. On December 31, 1989 a new edition of the Constitution was adopted. From the name of the state the word “People’s” was eliminated, the ideological preamble was excluded, two first sections on political and socio-economic system having 19 articles was united into one with 8 articles. The next significant constitutional reform was held in March 1990. The powers of the President in relation to national councils were eliminated, and the text of the section on the local authority was totally changed, it regulated the basics of territorial self-government defined as the main form of public life in the commune (gmina). It meant the abolishment of elected power on the level of voivodeship. The community representative bodies began to be called councils. See: Ñòðàøóí Á.À. Êîíñòèòóöèÿ Ïîëüøè (Ðåñïóáëèêè Ïîëüøè) îò 2 àïðåëÿ 1997 ã. Ââîäíàÿ ñòàòüÿ. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 235 See: Ìèðîíîâà Í.È. Èíñòèòóò ìåñòíîãî ñàìîóïðàâëåíèÿ â Ïîëüøå. // Ìåñòíîå óïðàâëåíèå è ñàìîóïðàâëåíèå â Ðîññèè è çà ðóáåæîì. ¹ 2. - Ì.: ÈÍÈÎÍ ÐÀÍ, 2000. 236 See: Òåððèòîðèàëüíîå ñàìîóïðàâëåíèå â Ïîëüøå. Àêòóàëüíûå ïðîáëåìû ðåôîðìû

307 ìåñòíîãî ñàìîóïðàâëåíèÿ// Àíàëèòè÷åñêèé âåñòíèê Ñîâåòà Ôåäåðàöèè ÔÑ ÐÔ. -2004. -¹ 26 (246). 237 The present reform of the territorial division of Poland had two stages: in 1990 on the level of gmina and in 1998 on the level of powiat and voivodeship. Its aim was democratization and decentralization of government. This is exercised by means of limitation of functions of government administration on the level of voivodeship, this administration acts along with administration of self-government of voivodeship, and by introduction of the self-government administration on all three levels of territorial division — gminy, powiaty and voivodeship. Until 1999 Poland was divided into 49 voivodeships and 2394 gminy, 247 towns. In all these units People’s councils elected once in four years via universal elections. Voivodes headed the administration of voivodeships, urban administration was headed by the burgomasters or presidents, administration of towns and gminy — burgomasters, and administration of gminy — voits. According to the Constitution of July 22, 1952 People’s Soviets – are local bodies of state power and the main organs of public self-government of laborers of towns and villages. Since January 1, 1999 three-tier territorial division was introduced, according to this division Poland is divided into: 16 voivodeships, 308 rural powiaty and 65 urban (towns with the status of powiaty), 2489 gminy. See: Òåððèòîðèàëüíîå ñàìîóïðàâëåíèå â Ïîëüøå. Àêòóàëüíûå ïðîáëåìû ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ// Àíàëèòè÷åñêèé âåñòíèê Ñîâåòà Ôåäåðàöèè ÔÑ ÐÔ. -2004. -¹ 26 (246). 238 Voivodeship is the largest territorial unit; Powiat is a territorial unit of the second level; it consists of several gminy; Gmina is the main territorial unit. 239 The new territorial division of Poland was established by the law of July 24, 1998. The bodies of self-government of powiat were established and their competence was defined by the Law on self-government of powiats. At the same time bodies of self-government and government were formed in the voivodeship. In all units of territorial division mentioned above the representative bodies of territorial self-government act. They are counsils elected via univercal suffrage for a 4-year term. See: Òåððèòîðèàëüíîå ñàìîóïðàâëåíèå â Ïîëüøå. Àêòóàëüíûå ïðîáëåìû ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ// Àíàëèòè÷åñêèé âåñòíèê Ñîâåòà Ôåäåðàöèè ÔÑ ÐÔ. -2004. -¹ 26 (246). 240 See: Çàêîí Ðåñïóáëèêè Ïîëüøà îò 24 èþëÿ 1998 «Î ââåäåíèè â äåéñòâèå Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Ïîâÿòà» îò 5 èþíÿ 1998, Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Âîåâîäñòâà» îò 5 èþíÿ 1998, Çàêîíà «Î Àäìèíèñòðàöèè Öåíòðàëüíîãî ïðàâèòåëüñòâà â Âîåâîäñòâå» îò 5 èþíÿ 1998». Source: Dziennik Ustaw ¹ 99 îò 4 àâãóñòà 1998 ãîäà. www.municipalkg.narod.ru/interlaw/Pollaw.htm. 241See: Òåððèòîðèàëüíîå ñàìîóïðàâëåíèå â Ïîëüøå. Àêòóàëüíûå ïðîáëåìû ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ// Àíàëèòè÷åñêèé âåñòíèê Ñîâåòà Ôåäåðàöèè ÔÑ ÐÔ. -2004. -¹ 26 (246). 242 See: Êîâàëü÷óê À.Â. Ìåñòíîå ñàìîóïðàâëåíèå â Ïîëüøå // Äåöåíòðàëèçàöèÿ: Ýêñïåðèìåíòû è ðåôîðìû / Ïîä ðåä. Ò.Ì. Õîðâàòà. – Áóäàïåøò: OSI/LGI, 2000. – Ñ. 251 – 290. – (Ñåðèÿ «Îðãàíû ìåñòíîãî ñàìîóïðàâëåíèÿ â Öåíòðàëüíîé è Âîñòî÷íîé Åâðîïå».Ò. 1.

308 243 See: Ãèëîâñêàÿ Ç. Äåöåíòðàëèçàöèÿ ãîñóäàðñòâåííûõ ôèíàíñîâ â Ïîëüøå. Äåñÿòü ëåò îïûòà // Àñïåêòû ñàìîóïðàâëåíèÿ. – 2001. - ¹ 1. – Ñ. 5 – 10. 244 See: Çàêîí Ðåñïóáëèêè Ïîëüøà îò 24 èþëÿ 1998 «Î ââåäåíèè â äåéñòâèå Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Ïîâÿòà» îò 5 èþíÿ 1998, Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Âîåâîäñòâà» îò 5 èþíÿ 1998, Çàêîíà «Î Àäìèíèñòðàöèè Öåíòðàëüíîãî ïðàâèòåëüñòâà â Âîåâîäñòâå» îò 5 èþíÿ 1998». Source: Dziennik Ustaw ¹ 99 îò 4 àâãóñòà 1998 ãîäà. www.municipalkg.narod.ru/interlaw/Pollaw.htm. 245 See: Çàêîí ðåñïóáëèêè Ïîëüøà «Î ìåñòíîì ñàìîóïðàâëåíèè ïîâÿò» îò 5 èþíÿ 1998 ãîäà (×àñòü 1). www.municipalkg.narod.ru/interlaw/Pollaw.htm. 246 See: Òðåùåòåíêîâà Í. Þ. Áþäæåòíûé ïðîöåññ â Ïîëüøå//Ïðàâî è ýêîíîìèêà. 1995. ¹ 5—6; 247 See: Çàêîí Ðåñïóáëèêè Ïîëüøà îò 24 èþëÿ 1998 «Î ââåäåíèè â äåéñòâèå Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Ïîâÿòà» îò 5 èþíÿ 1998, Çàêîíà «Î ìåñòíîì ñàìîóïðàâëåíèè Âîåâîäñòâà» îò 5 èþíÿ 1998, Çàêîíà «Î Àäìèíèñòðàöèè Öåíòðàëüíîãî ïðàâèòåëüñòâà â Âîåâîäñòâå» îò 5 èþíÿ 1998». Source: Dziennik Ustaw ¹ 99 îò 4 àâãóñòà 1998 ãîäà. www.municipalkg.narod.ru/interlaw/Pollaw.htm.; See: Ãóñåéíîâ Àëèøèð. Ïîëüñêèé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ. www.demaz.org. 248 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 249 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 250 See: The Constitution of Poland (the Republic of Poland) of April 2, 1997. Chapter Õ. Public Finance. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 251 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 252 See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 253 See: Ãèëîâñêàÿ Ç. Äåöåíòðàëèçàöèÿ ãîñóäàðñòâåííûõ ôèíàíñîâ â Ïîëüøå. Äåñÿòü ëåò îïûòà // Àñïåêòû ñàìîóïðàâëåíèÿ. – 2001. - ¹ 1. – Ñ. 5 – 10. 254 See: Ãóñåéíîâ Àëèøèð. Ïîëüñêèé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ. www.demaz. org. 255 See: Ãèëîâñêàÿ Ç. Äåöåíòðàëèçàöèÿ ãîñóäàðñòâåííûõ ôèíàíñîâ â Ïîëüøå. Äåñÿòü ëåò îïûòà // Àñïåêòû ñàìîóïðàâëåíèÿ. – 2001. - ¹ 1. – Ñ. 5 – 10. 256 The name of the country originates from the name of the Roman settlement Portus Cale in the estuary of the Doru. 257 In 1139 Portugal became an independent kingdom from Spain. At that time it occupied only the northern third part of its modern territory. In 1249 the last Muslim ruler was driven away from the south of the country and since then its boundaries have changed little. In the XV cebtury Portugal was a leading sea state of Europe and during the next century it was the first country in Europe to form an enormous empire with overseas possessions (in South America, Africa, India and east India). In 1910 the monarchy was overthrown in Portugal, and in 1974 a democratically inclined military junta put an end to the dictatorship regime which had existed since 1926. 258 On April 25, 1974 the set out of armed forces led by the officers, the participants

309 of the Movement of Armed Forces resulted in overthrow of the regime that had existed for almost half a century. In the mid- 80s there were a lot of political and social-economic transformations. The anti-fascist revolution resulted in revision of colonial policy in the country. From September 1974 to February 1976 Portugal acknowledged the sovereignty and independence of its former colonies (as a result several new countries appeared on the world map: the Republic of Guinea-Bissau, People’s Republic of Mozambique, the Republic of Cape Verde, the Democratic Republic of Sao Tome and Principe and the Republic of Angola). On December 20, 1999the last Portugal colony - Macao – transferred under jurisdiction of the People’s Republic of China. 259 The first Constitution of 1822 adopted as a result of revolutionary events of 1820, it gained the best traditions of French constitutional practice of 1791-1795, and also a number opf institutions of Spain Constitution of 1812. The Constitution of 1822 is an outstanding document of that time, as it secured the abolishment of class privileges, guarantees of equality of all citizens according to the law, freedom of speech, etc. The Constitution of 1826 (its official name was Charter of Government) envisaged the formation of a bicameral parliament. The formation of the lower chamber – the House of Deputies should be done by means of two-step elections. Active and passive electoral law was provided to meet strict requirements, and first of all, of property character.The upper house - House of Peers, as it is seen from its name, represented the interests of the upper aristocracy. The birth of the first Republic in Portugal was secured by the Constitution of 1911 that contained a wide range of rights and freedom for the people. The Constitution envisaged the formation of a bicameral parliament. In 1926 military junta was established as a result of a coup d’etat. Dismissal of the parliament followed but monarchy was not restored. The introduction of a new regime was secured by the adoption of the Consitution of 1933, when Portugal was defined as “a unitary corporate republic” with strong presidential power. In April 1975 there were elections to a Constituent Assembly that prepared the Constitution that came into force on April 25, 1976. The new Constitution reflected the changes of economic, social and political spheres that took place by that time. See: Êàñàòêèíà Í. Ì. Êîíñòèòóöèÿ Ïîðòóãàëèè (Ïîðòóãàëüñêîé Ðåñïóáëèêè) îò 2 àïðåëÿ 1976 ã. Ââîäíàÿ ñòàòüÿ. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 260 See: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Section II. President of the Republic. Chapter 2. Powers. Article 136. Powers with regard to other organs. Where other organs are concerned, the President of the Republic has the following powers:… f) To appoint the Prime Minister in accordance with Article 190 (1); g) To dismiss the Government in accordance with Article 198 (2) and relieve the Prime Minister of his or her post in accordance with Article189 (4); h) To appoint members of the Government and relieve them of their posts at the proposal of the Prime Minister. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 261 See: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976.

310 Section III. Assembly of the Republic. Chapter 1. Status and Election. Ñòàòüÿ 150. Definition. The Assembly of the Republic is the representative assembly of all Portuguese citizens. Article 151. Number of members. The Assembly of the Republic has at least 230 and at most 235 Members, in conformity with the electoral law. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 262 The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. The Constitution of 1826 (its official name was Charter of Government) envisaged the formation of bicameral parliament. Chapter VII. Autonomous regions. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 263 The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. The Constitution of 1826 (its official name was Charter of Government) envisaged the formation of bicameral parliament. Chapter VIII. Organization of local self- government. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 264 The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Fundamental Principles. Article 3. Sovereignty and Legality. 1. Sovereignty, one and indivisible, rests with the people, who exercise it in accordance with the forms laid down in the Constitution. 2. That State is subject to the Constitution and based on democratic legality. 3. The validity of the laws and other acts of the State, the autonomous regions or local authorities are dependent on their being in accordance with the Constitution. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. Êîíñòèòóöèè. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 265 See: Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. 266 267 See: Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. 268 See: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Article 238. Categories of Local Authorities and Administrative Division. 1. The local authorities on the mainland are the parishes, municipal authorities, and administrative regions. 2. The autonomous regions of the Azores and Madeira comprise parishes and municipal authorities. 3. In large metropolitan areas, other organizational forms of territory self-government may be established by law in accordance with special local conditions. 4. The administrative divisions of the national territory are established by law. Article 257. Duties. The administrative regions are conferred inter alia the duty to guide the public services and the task of coordinating and supporting the municipal action, whilst respecting the municipal autonomy and without limiting the municipal powers. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 269 See: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Article 250. Municipal Organs The representative organs of the municipal authority are the municipal assembly and the municipal chamber. Article 251. Municipal Assembly. The municipal

311 assembly comprises the chairmen of the parish councils and at least an equal number of members elected by the votes in the municipal area. Article 252. Municipal Chamber. The municipal chamber is the corporate executive organ of the municipal authority. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 270 See: Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 271 See: ×åðíèê È.Ä. Ôèíàíñîâàÿ îñíîâà íà çàêîíîäàòåëüíîé îñíîâå: Î ïðàâîâîì ðåãóëèðîâàíèè ôèíàíñîâûõ îòíîøåíèé â äåÿòåëüíîñòè îðãàíîâ âëàñòè çàðóáåæíûõ ñòðàí // Ìåñòíàÿ âëàñòü: Âñåðîññèéñêèé æóðíàë ìåñòíîãî ñàìîóïðàâëåíèÿ. 1995. Êí.1. Âûï.2. 272 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000. 273 See: Èãíàòîâ Â. Ã., Áóòîâ Â.È. Çàðóáåæíûé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ è ðîññèéñêàÿ ïðàêòèêà: Ó÷åáíîå ïîñîáèå. - Ì.: Ðîñòîâ, 1999. 274 See.: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Chapter 2. Parishes. Article 245. Organs of the Parish. The representative organs of the parish are the parish assembly and the parish committee. Article 246. Parish Assembly. 1. The parish assembly is elected by the citizens entitled to vote who are resident within the parish. 2. In addition to the political parties, other groups of citizens entitled to vote may put forward candidates for election to the parish organs, on conditions laid down by law. 3. Provision may be made by law for the parish assembly to be replaced in parishes with a small population by meetings of all the citizens entitled to vote. Article 247. Parish Committee. 1. The parish committee is the executive organ of the parish. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 275 See: The Constitution of Portugal (the Republic of Portugal) of April 2, 1976. Chapter 4. Administrative Region. Article 257. Duties. The administrative regions are granted inter alia the duty to guide the public services and the task of coordinating and supporting the municipal action, whilst respecting the municipal autonomy and without limiting the municipal powers. Article 258. Plans. The administrative regions prepares regional plans and participates in the preparation of the plans provided for in Article 92. Article 259. Organs of the Region. The region’s representative organs are the regional assembly and the regional committee. Article 260. Regional Assembly. The regional assembly is made up of members directly elected by the citizens enrolled in the electoral register of the area of the region and members elected according to the system of proportional representation and the Hondt highest average method by an electoral college in which the directly elected members of the municipal assemblies of that area participate; the first mentioned members outnumbers the last mentioned. Article 261. Regional Committee. The regional committee is the executive collective organ of the region and is elected in a secret ballot by the regional assembly, among the latter’s members. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001. 276 See: Ðåôîðìû ìåñòíîãî óïðàâëåíèÿ â ñòðàíàõ Çàïàäíîé Åâðîïû//Ñáîðíèê ñòàòåé è îáçîðîâ. Ñåðèÿ “Ðåãèîíàëüíîå óïðàâëåíèå è ìåñòíîå ñàìîóïðàâëåíèå”. – Ì.: ÈÍÈÎÍ ÐÀÍ, – 1993.

312 277 See: Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. 278 See: Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. 279 See: Âîðîíåíêî À.Â. Ìåñòíîå óïðàâëåíèå è ñàìîóïðàâëåíèå â êðóïíûõ ãîðîäàõ çàðóáåæíûõ ñòðàí. Ì.,1990. 280 See: Ïðàâèòåëüñòâî, ìèíèñòåðñòâà è âåäîìñòâà â çàðóáåæíûõ ñòðàíàõ. – Ì., 1994. 281 See: Åâäîêèìîâ Â. Á., Ñòàðöåâ ß. Þ. Ìåñòíûå îðãàíû âëàñòè çàðóáåæíûõ ñòðàí: ïðàâîâûå àñïåêòû. – Ì.: Ñïàðê, 2001. 282See: Áóðëàêîâà Ë. Â. Ñèñòåìû íàëîãîîáëîæåíèÿ (îòå÷åñòâåííûé è çàðóáåæíûé îïûò) - Êèåâ. Ýêîíîìèêà: îáçîð èíôîðìàöèîííîãî ñåðâåðà óïðàâëåíèÿ íàðîäíûì õîçÿéñòâîì, 1996. 283 If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans, and claim for their government the honorable title of republic. It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified. James Madison. To the people of the State of New York. January 16, 1788. The Federalist ¹39. See: Ôåäåðàëèñò. Ïîëèòè÷åñêèå ýññå À. Ãàìèëüòîíà, Äæ. Ìýäèñîíà, Äæ. Äæåÿ. Ì.: Ïðîãðåññ. 1993. 284 See: Òàðàñîâà Í.Í. Ãîñóäàðñòâåííûå ðàáîòíèêè ÑØÀ. Ì., 1997. 285 See: Õèâè Ä. Ôèíàíñû ìåñòíûõ îðãàíîâ âëàñòè â ÑØÀ // Ôèíàíñû. 1995. N 10. 286 The Constitution of the USA. Amendment Õ. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. See: Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ”: Ó÷åáíîå ïîñîáèå/Ñîñò. Â.Â. Ìàêëàêîâ. - 4-å èçä., ïåðåðàá. è äîï. - Ì.: Âîëòåðñ Êëóâåð, 2003. 287 See: Ëàôèòñêèé Â.È. Îñíîâû êîíñòèòóöèîííîãî ñòðîÿ ÑØÀ. Ì., 1998. 288 See: Êîíñòèòóöèÿ ÑØÀ. Ñáîðíèê “Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå/Ñîñòàâèòåëü Â.Â. Ìàêëàêîâ. Ì.: Âîëòåðñ Êëóâåð, 2003. www.constitution. garant.ru. 289 See: Ëóçèí Â.Â. Ìåòîäû òîëêîâàíèÿ êîíñòèòóöèè â äåÿòåëüíîñòè Âåðõîâíîãî ñóäà ÑØÀ. Èçäàòåëüñòâî Íèæåãîðîäñêîãî ãîñóäàðñòâåííîãî óíèâåðñèòåòà èì. Í.È. Ëîáà÷åâñêîãî.2003. 290 See: National League of Cities Weekly. www.infousa.ru/government. 291See: Ïðàâîâîå ðåãóëèðîâàíèå ìåñòíîãî óïðàâëåíèÿ â ÑØÀ//Ñîöèàëüíûå è ãóìàíèòàðíûå íàóêè: çàðóáåæíàÿ ëèòåðàòóðà. Ñåðèÿ 4: Ãîñóäàðñòâî è ïðàâî. 1993. 3/4. Ñ. 53 - 59. 292 See: Handbook for Virginia Mayors and Council Members/ eds. Sandra H.Wiley,

313 Mary Jo Fields.- Center for Public Service, University of Virginia, 1993. Àìåðèêàíñêèé ôåäåðàëèçì: âòîðîå ðîæäåíèå ñòàðîãî ïðèíöèïà. Âîïðîñû Äåìîêðàòèè. Ýëåêòðîííûå æóðíàëû ÞÑÈÀ, òîì 2, ¹ 2, àïðåëü 1997. www.infousa.ru.government. 293 See: Ôåäåðàëèñò. Ïîëèòè÷åñêèå ýññå Àëåêñàíäðà Ãàìèëüòîíà, Äæåéìñà Ìýäèñîíà è Äæîíà Äæåÿ: Ïåð.ñ àíãë. / Ïîä îáù. ðåä., ñ ïðåäèñë. Í.Í. ßêîâëåâà, êîììåíò. Î.Ë. Ñòåïàíîâîé. – Ì.: Èçäàòåëüñêàÿ ãðóïïà “Ïðîãðåññ” – “Ëèòåðà”, 1994. 294 See: Ñîåäèíåííûå Øòàòû Àìåðèêè: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû.- Ì., 1993. 295 See: Áàáóí Ð.Â. Àìåðèêàíñêèé ôåäåðàëèçì è ìåñòíîå ñàìîóïðàâëåíèå // Ðåãèîí: ýêîíîìèêà è ñîöèîëîãèÿ. 1994. N 1. 296 See: Local Government in the United States of America.- Martinus Nijhoff, Hague.1961, p.11-12. Àìåðèêàíñêèé ôåäåðàëèçì: âòîðîå ðîæäåíèå ñòàðîãî ïðèíöèïà. Âîïðîñû Äåìîêðàòèè. Ýëåêòðîííûå æóðíàëû ÞÑÈÀ, òîì 2, íîìåð 2, àïðåëü 1997. www. infousa.ru.government. 297 Charter (Constitution) — a basic legal document to exercise the powers of municipal bodies of authorities, a foundation for the existence of the system of municipal law. The peculiarity of Charter (Constitution, Law) as a juridical document is, on the one hand, that its activity is limited by the territory of the city, but, on the other hand, that all other bodies and structures of local bodies and structures of local self- government acknowledge the fact of its existence and operation as the law, though it does not cover municipal organizations when being beyond their limits. Charter (Constitution, Law) includes: 1) the characteristics and description of the boundaries within which it acts (city boundaries); 2) description and characteristics of the structure of the municipal boodies of local self-government, their rights and duties, and also the order of their formation (elections, appointment, hiring);3) separation of powers, the system of “checks and balances”, created by the city administration in political and administartive spheres; 4) description of the main symbols of the city — flag, coats of arms, seal, etc.;5 ) description of the inner structure of the city: its districts, communes, etc. Availability of such a document, the guarantees of its recognition in fact means separation of powers vertically and non-intervention of higher levels of authority into the activity of municipal authority, which is one of the fundamentals of city self-government. See: Áàðàáàøåâ Ã.Â. Î õàðòèÿõ ìåñòíîãî ñàìîóïðàâëåíèÿ â ÑØÀ //Ãîñóäàðñòâî è ïðàâî, 1994, ¹ 5. Ñ. 126-134. 298 See: Ñîåäèíåííûå øòàòû Àìåðèêè, Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû / Ïîä ðåä. Î. À. Æèäêîâà. Ì., 1993. 299 New Federalism. The program of decentralization of the authority of federal government and transfer of some funds from federal taxes to the states (General Revenue Sharing) to use at their own discretion (suggested by the President Nixon, Richard M.).Source: www.americana.ru. 300See: Ïðàâîâîå ðåãóëèðîâàíèå ìåñòíîãî óïðàâëåíèÿ â ÑØÀ//Ñîöèàëüíûå è ãóìàíèòàðíûå íàóêè: çàðóáåæíàÿ ëèòåðàòóðà. Ñåðèÿ 4: Ãîñóäàðñòâî è ïðàâî. 1993. 3/4. Ñ. 53 - 59.

314 301 See: Ãðàö Ðîáåðòà. Ãîðîä â Àìåðèêå: Æèòåëè è âëàñòè / Ïåð. ñ àíãë. Ãëàçû÷åâ Â. Ë.;– Ì.: Ëàäüÿ, 1995. 302 See: Local Government Reform and Reorganization: An International Perspective, p.8; State and Local Roles in the Federal System.-ACIR, Washington, DC,A-88, p.228. 303See: Ñêèäìîð Ì.Ä., Òðèï Ì.Ê. Àìåðèêàíñêàÿ ñèñòåìà ãîñóäàðñòâåííîãî óïðàâëåíèÿ. Îòâ. ðåä. À.Â. Íèêèôîðîâ. Ì., 1993. 304 See: Èâàíîâ Â.Â. Ïðèíöèï ðàçäåëåíèÿ âëàñòåé â êîíñòèòóöèè ÑØÀ 1787 ã. è êîíñòèòóöèè Ôðàíöèè 1791ã.: ñðàâíèòåëüíûé àíàëèç. // Ãîñóäàðñòâî è ïðàâî. 2000. ¹12. Ñ.83. 305 See: Ñòàðöåâ ß.Þ. Êóðñ ëåêöèé. “Ãîñóäàðñòâåííîå è ìóíèöèïàëüíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ” Òåìà 15. Àìåðèêàíñêàÿ ñèñòåìà. Åêàòåðèíáóðã: ÓðÀÃÑ, 1997. 306 See: Êîðÿâèí Ë. Îò íåáîñêðåáîâ äî “îäíîýòàæíîé Àìåðèêè”: Êàê ñòðîèòñÿ â ÑØÀ âëàñòü íà ìåñòàõ // Ðîññèéñêàÿ Ôåäåðàöèÿ. 1994. N 12. 307 See: Ïðàâîâîå ðåãóëèðîâàíèå ìåñòíîãî óïðàâëåíèÿ â ÑØÀ//Ñîöèàëüíûå è ãóìàíèòàðíûå íàóêè: çàðóáåæíàÿ ëèòåðàòóðà. Ñåðèÿ 4: Ãîñóäàðñòâî è ïðàâî. 1993. 3/4. Ñ. 53 - 59. 308 See: Ìåñòíûå îðãàíû âëàñòè â ÑØÀ: îðãàíèçàöèÿ óïðàâëåíèÿ è ýêîíîìè÷åñêîé äåÿòåëüíîñòè. Ì.,1996. 309 See: Ìèõàéëîâ Å.Ä. Óïðàâëåíèå ãîðîäñêèìè àãëîìåðàöèÿìè (ïðîáëåìà ìåòðîïîëèòàíèçìà) // ÑØÀ: Ýêîíîìèêà, ïîëèòèêà, èäåîëîãèÿ. 1994. N 3. 310 See: Óñòèìåíêî Þ. Àìåðèêà: ìíîãîîáðàçèå ãîðîäñêîãî ñàìîóïðàâëåíèÿ//Ðîññèéñêàÿ Ôåäåðàöèÿ. 1996. N 16. 311 See: Ôåäåðàëèñò. Ïîëèòè÷åñêèå ýññå Àëåêñàíäðà Ãàìèëüòîíà, Äæåéìñà Ìýäèñîíà è Äæîíà Äæåÿ: Ïåð.ñ àíãë. / Ïîä îáù. ðåä. Í.Í. ßêîâëåâà. – Ì.: Èçäàòåëüñêàÿ ãðóïïà “Ïðîãðåññ” – “Ëèòåðà”, 1994. 312 See: Ñêèäìîð Ì.Ä., Òðèï Ì.Ê. Àìåðèêàíñêàÿ ñèñòåìà ãîñóäàðñòâåííîãî óïðàâëåíèÿ. Ì., 1993. 313 See: Êîðÿâèí Ë. Îò íåáîñêðåáîâ äî “îäíîýòàæíîé Àìåðèêè”: Êàê ñòðîèòñÿ â ÑØÀ âëàñòü íà ìåñòàõ // Ðîññèéñêàÿ Ôåäåðàöèÿ. 1994. N 12. 314 See: Ñêèäìîð Ì.Ä., Òðèï Ì.Ê. Àìåðèêàíñêàÿ ñèñòåìà ãîñóäàðñòâåííîãî óïðàâëåíèÿ. Ì., 1993. 315 See: Äèðåãàíîâà À. Ë. Îñíîâíûå íàïðàâëåíèÿ ïðàâîâîãî ðåãóëèðîâàíèÿ îðãàíîâ ìåñòíîé âëàñòè ÑØÀ. www.conf.stavsu.ru. 316 See: Ãîñóäàðñòâåííàÿ âëàñòü â Àìåðèêå. http://4uth.gov.ua/usa/russian/ government. 317See: Ïðàâîâîå ðåãóëèðîâàíèå ìåñòíîãî óïðàâëåíèÿ â ÑØÀ//Ñîöèàëüíûå è ãóìàíèòàðíûå íàóêè: çàðóáåæíàÿ ëèòåðàòóðà. Ñåðèÿ 4: Ãîñóäàðñòâî è ïðàâî. 1993. 3/4. Ñ. 53 - 59. 318 See: Êîâàëåâà Ò. Ìåñòíîå ñàìîóïðàâëåíèå: àìåðèêàíñêèé âàðèàíò // Íàðîäíûé äåïóòàò. 1991. N 8. 319 See: Governing Partners. State-Local Relationship in the United States. Boulder.

315 1998. P. 46-47; Ñàõàðîâ Í. Ñîâåòû è ìýðû â àìåðèêàíñêèõ ãîðîäàõ // Íàðîäíûé äåïóòàò. 1993. 8. Ñ. 56 – 58; Áàêàòèí Ä.Â., Êîâàëåâà Ò.Ê. Ïðàâîâîé ñòàòóñ è õîçÿéñòâåííàÿ äåÿòåëüíîñòü îðãàíîâ ìóíèöèïàëüíîãî óïðàâëåíèÿ. Àìåðèêàíñêàÿ ìîäåëü. Ì.: Èçä-âî ÌÃÓ, 1999. 320 See: Áàêàòèí Ä.Â., Êîâàëåâà Ò.Ê. Ìóíèöèïàëèòåòû â ñèñòåìå ôèíàíñîâîãî ôåäåðàëèçìà ÑØÀ. Ïðàâîâûå àñïåêòû. Ì.: Èçä-âî ÌÃÓ, 1995. 321 See: Ñàõàðîâ Í. Ñîâåòû è ìýðû â àìåðèêàíñêèõ ãîðîäàõ // Íàðîäíûé äåïóòàò. 1993. ¹8. Ñ. 56 - 58. 322 See: Àìåðèêà: ìíîãîîáðàçèå ãîðîäñêîãî ñàìîóïðàâëåíèÿ // Ðîññèéñêàÿ Ôåäåðàöèÿ. 1996. N 16. 323 See: Ñîåäèíåííûå øòàòû Àìåðèêè, Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû / Ïîä ðåä. Î. À. Æèäêîâà. Ì., 1993. 324 See: Áîêîâà Ñ.Â. Ïðîãðàììû ðàçâèòèÿ ãîðîäîâ â ñèñòåìå ãîñóäàðñòâåííîãî óïðàâëåíèÿ// ÑØÀ: Ý.Ï.È. 1993. 8. Ñ. 120 - 125. 325 See: Ìåñòíûå îðãàíû âëàñòè â ÑØÀ: îðãàíèçàöèÿ óïðàâëåíèÿ è ýêîíîìè÷åñêîé äåÿòåëüíîñòè. Ì., 1996. 326 See: Â îñíîâàíèè ïèðàìèäû: êàê ðàáîòàþò ìåñòíûå îðãàíû ñàìîóïðàâëåíèÿ â ÑØÀ, Âåëèêîáðèòàíèè, Ôðàíöèè // Íàðîäíûé äåïóòàò. 1990. 14. Ñ. 112 - 118. 327 See: Õèâè Ä. Ôèíàíñû ìåñòíûõ îðãàíîâ âëàñòè â ÑØÀ // Ôèíàíñû. 1995. N 10. 328 See: Õèâè Ä. Ôèíàíñû ìåñòíûõ îðãàíîâ âëàñòè â ÑØÀ // Ôèíàíñû. 1995. N 10. 329 See: Ôèíàíñîâàÿ áàçà ìåñòíûõ îðãàíîâ âëàñòè çàïàäíûõ ñòðàí: Ñá. îáçîðîâ. Ì.: ÈÍÈÎÍ, 1994. 330 See: Ìåñòíîå ñàìîóïðàâëåíèå è ôåäåðàëèçì: îïûò ÑØÀ. Àðõèâ ÈÝÃ. www.opec. ru/library/. 331 See: Áàáóí Ð.Â. Àìåðèêàíñêèé ôåäåðàëèçì è ìåñòíîå ñàìîóïðàâëåíèå // Ðåãèîí: ýêîíîìèêà è ñîöèîëîãèÿ. 1994. N 1. 332 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ/ Îòâ.ðåä. Øàìáåðã Â.Ì. Ì.: ÈÌÝèÌÎ, 1990. 333 “Manpower policy is an art of choosing the new employees and the use of the old ones in such a way that it was possible to receive maximal quality and quantity of the products and services from the labor force” (Felix A.Nigro. Public Personnel Administration.- N.Y.,1959, p.36). 334 See: Kenneth O. Warner. A Common Sense Personnel Program.-Tennessee Town and City, 1951,p.13. 335 See: Ìåñòíûå îðãàíû âëàñòè â ÑØÀ: îðãàíèçàöèÿ óïðàâëåíèÿ è ýêîíîìè÷åñêîé äåÿòåëüíîñòè. Ì., 1996. 336 See: Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ/ Îòâ.ðåä. Øàìáåðã Â.Ì. Ì.: ÈÌÝèÌÎ, 1990. 337 See: Åâäîêèìîâ Â.Á., Ñòàðöåâ ß.Þ. Îðãàíû ìåñòíîãî óïðàâëåíèÿ â ÑØÀ è Çàïàäíîé Åâðîïå. Åêàòåðèíáóðã-×åëÿáèíñê, 1999; Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ/ Îòâ.ðåä. Øàìáåðã Â.Ì. Ì.: ÈÌÝèÌÎ, 1990; Kenneth O.Warner,p.94-95. 338 In this letter the cantons mentioned, “doing their best to protect themselves and their property and the old law took an oath of loyalty and promised to help each

316 other within the boundaries of their lands as well as beyond them...”. The relations between cantons were regulated by means of treaties. There was no Constitutional act for a long time yet. See: Russian translation of the letter of the Union. See: Àëüïû è ñâîáîäà. Øâåéöàðñêèå ïèñàòåëè î ñâîåé ñòðàíå. 1291-1991. Ì., 1992. Ñ. 19-20. 339 In 1848 after a short civil war («Sonderbundskrieg», 1847) this Union was transformed into a federal state with Federal Constitution. Federation was still called Swiss Confederation because of several reasons and particularly because its German name («Schweizerische Eidgenossenschaft») is not translated into French and Italian. For the Swiss Confederation sounded like a proper name, they mean Switzerland as a federal state under Cofederation. See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 340 Modern Switzerland was formed by 25 independent cantons (6 semicantons) when the first Federal Constitution of 1848 was adopted. The 26th canton (Jura) was formed by separation from the canton of Bern at the end of the î 70s of the previous century. From the point of view of cultural variety, Switzerland consists of 17 German-speaking Cantons, 4 French-speaking Cantons, and 1 Italian-speaking Canton. 3 Cantons has two languauges (German - French) and 1 Canton has three languages (German, Reto-Roman and Italian). 341 See: Thomas Fleiner-Gerster, The Concept of the Constitution, in: Federalism and Decentralization, PIFF 1987, vol. 2, pp. 140ff. www.kazanfed.ru/publications/ kazanfederalist. 342 New Constitution of Switzerland adopted on April 18, 1999, essentially, the text renovation of the Constitution of 1874 and did not contain any significant innovations, as the full revision of the Constitution would not be approved at the referendum. Nevertheless, some significant amendments to the new Constitutions are already being planned. 343Though Denis de Rougemont dealt with the issues of European Federalism, his views are of universal importance (in Switzerland cantons play the role of regions, and the communities – municipal government); See: François Saint-Ouen, Denis de Rougemont et l’Europe des Régions, edited by the «Fondation Denis de Rougemont pour l’Europe». www.kazanfed.ru/publications/kazanfederalist/. 344 Heterogeneity - (from Greek heteros - different) - variety. 345 See: Çååâàëüä Îòòôðèä: Çíà÷åíèå ìåñòíîãî ñàìîóïðàâëåíèÿ è åãî ìîäåëè â åâðîïåéñêèõ ñòðàíàõ: Ìåñòíîå ñàìîóïðàâëåíèå: òåîðèÿ è ïðàêòèêà (ïîä îáùåé ðåä. Ã. Ëþõòåðõàíäò). — Ì.: Ôîíä Ô. Íàóìàííà. 1996.Ñ. 10 — 11. 346 See: Øòîáåð Ìåñòíîå ñàìîóïðàâëåíèå: òåîðèÿ è ïðàêòèêà (ïîä îáùåé ðåä. Ã. Ëþõòåðõàíäò). — Ì.: Ôîíä Ô. Íàóìàííà. 1996. Ñ. 27 — 30. 347 Approximately 42,000 sq. km and 7,000,000 people. 348See: Ñòðàøóí Á.À. Ââîäíàÿ ñòàòüÿ. Êîíñòèòóöèÿ Øâåéöàðèè (Øâåéöàðñêîé Êîíôåäåðàöèè) îò 18 àïðåëÿ 1999 ã. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 349 See: Ñòðàøóí Á.À. Ââîäíàÿ ñòàòüÿ. Êîíñòèòóöèÿ Øâåéöàðèè (Øâåéöàðñêîé Êîíôåäåðàöèè) îò 18 àïðåëÿ 1999 ã. Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”.

317 Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 350On June 10, 2001, the canton initiative aimed at tax leveling in all municipalities of canton Vaadt was rejected by the universal voting. 351 Correspondinly 50, 60 è 40 billion Swiss Franks. 352 In accordance with the Maastricht Treaty of 1992 the European Union was formed on the basis of the European Community in 1993 , it united 12 countries: Belgium, Great Britain, Germany, Greece, Denmark, Ireland, Spain, Italy, Luxembourg, the Nethrlands, Portugal, France. In 1994 the agreements on Austria, Finland and Sweden entering the EC were signed. The agreement on the development of the idea of united Europe envisages creation of political, economic and currency union (so called «Europe without boundaries»), completion of formation of unified domestic market — elimination of all shotcomings on the way of free flow of commodity, services, capitals and people. The EC countries promised to pursue a joint course in the sphere of foreign policy and safety, the main trends of internal economic policy, coordinate policy in the questions of environment protection, struggle against criminality, including drugdealing, and crimes in the sphere of jurisdiction, etc. A unified European citizenship is established. European Currency institution and European central bank are created, the Euro (a unified currency) is introduced, a unified monetary-credit policy is pursued. 353See: Äàâèä Ð., Æîôôðå–Ñïèíîçè Ê. Îñíîâíûå ïðàâîâûå ñèñòåìû ñîâðåìåííîñòè. Ì.: Ìåæäóíàðîäíûå îòíîøåíèÿ, 1996. 354 Canto Bern consists of 400 municipalities, Vaux–of 385. 355 See: Åâäîêèìîâ Â.Á., Ñòàðöåâ ß.Þ. Îðãàíû ìåñòíîãî óïðàâëåíèÿ â ÑØÀ è Çàïàäíîé Åâðîïå. Åêàòåðèíáóðã-×åëÿáèíñê, 1999. 356 The Constitution of Switzerland (Swiss Confederation) of April 18, 1999. Amendments to a new Swiss Federal Constitution of 1999. Chapter 3. Municipalities. Article 50. 1. The autonomy of Municipalities is guaranted within the limits fixed by the cantonal law. 2. In its activity, the Confederation shall take into account the possible consequences for the Municipalities.3. In particular, it shall take into account the special situation of cities, agglomeration and mountainous regions. See: Ñáîðíèê “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 357 The Upper House, the House of Cantons or the Senate of Federal Assembly of Parliament of Switzerland. 358 The Lower House, the House of Representatives of Federal Assembly of Parliament of Switzerland. 359 The Constitution of Switzerland (Swiss Confederation) of April 18, 1999. Chapter 2. Cooperation between the Confederation and the Cantons. Article 44. Principles. 1. The Confederation and the Cantons shall collaborate, and support each other in the fulfillment of their tasks. 2. They owe each other mutual consideration and support. They shall grant each other administrative and judicial assistance. 3. Disputes between Cantons, or between Cantons and the Confederation shall, to the extent possible, be resolved through negotiation or mediation. See: Ñáîðíèê

318 “Êîíñòèòóöèè ãîñóäàðñòâ Åâðîïû”. Èçäàòåëüñòâî ÍÎÐÌÀ, 2001 ã. 360 The former Federal Chancellor, the Minister of Foreign Affairs of Switzterland. See: Ñòåíîãðàììà Ìåæäóíàðîäíîé êîíôåðåíöèè ïî âîïðîñó: “Ìåñòíàÿ äåìîêðàòèÿ - îñíîâà äåìîêðàòè÷åñêîé ñèñòåìû: çàêîíîäàòåëüíûå àñïåêòû óñèëåíèÿ ìåñòíîé äåìîêðàòèè â Ðîññèéñêîé Ôåäåðàöèè”. (Êîìèòåò ïî âîïðîñàì ìåñòíîãî ñàìîóïðàâëåíèÿ Ãîñóäàðñòâåííîé Äóìû). 19 èþíÿ 2001 ã. 361 See: François Saint-Ouen, Denis de Rougemont et l’Europe des Régions, edited by the «Fondation Denis de Rougemont pour l’Europe». www.kazanfed. ru/publications/kazanfederalist/. 362 See: Áàïñò Ýðèê. Â çàùèòó àâòîíîìèè øâåéöàðñêèõ îáùèí. Çàðóáåæíûé îïûò ôåäåðàëèçìà // Æóðíàë «Êàçàíñêèé ôåäåðàëèñò» ¹2(6).2003. 363 Sindick, President of the commune, Ammann. 364 Foe example, the expression “General Council” in Fribourg means municipal Parliament, but in the Canton of Geneva – the whole electorate. 365 The latest research shows that these measures are insufficient to prevent various violations. 366 These proposals have never been concretized, though there is such a political aspiration. 367 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Ïåðåâîä èç êíèãè: Federalism and Multiethnic States: the Case of Switzerland / Institut du Federalisme Fribourg Suisse. Lidija R. Basta Fleiner; Thomas Fleiner (ed.). - 2., rev. ed.- Bale; Geneve; Munich: Helbing et Lichtenhahn, 2000. (Ïåðåâîä Ì. Êðàñíîâîé). Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 368 The same situation is on the local level. 369 See: www.kazanfed.ru/publications/kazanfederalist. 370 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 371 The average size of municipality in Switzerland is 2,300 people, which is one of the lowest rates in the countries of the OSCE after France (1,500 people) and Greece (1,700 people). 372 See:Ôëÿéíåð Òîìàñ – äèðåêòîð Èíñòèòóòà ôåäåðàëèçìà (ã. Ôðèáóðã, Øâåéöàðèÿ). Øâåéöàðèÿ: ñóáñèäèàðíîñòü, ýòíè÷åñêîå è êóëüòóðíîå ðàçíîîáðàçèå. // Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/kazanfederalist. 373 The same situation is in all other cantons. 374 See: Øòàóôåð Òîìàñ. Ôèñêàëüíûé ôåäåðàëèçì â Øâåéöàðèè. // Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/kazanfederalist. 375 See: Øòàóôåð Òîìàñ. Ôèñêàëüíûé ôåäåðàëèçì â Øâåéöàðèè. // Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/kazanfederalist. 376 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü. // Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è

319 øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/ kazanfederalist. 377 The size of the country, number of municipalities and population is approximately ten times bigger. 378 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ.// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Ïîä ðåäàêöèåé Ð. Õàêèìîâà – Êàçàíü, 2004. 379 See: Õüþåãëèí Òîìàñ. Ôåäåðàëèçì, ñóáñèäèàðíîñòü è åâðîïåéñêàÿ òðàäèöèÿ// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Êàçàíü, 2004. 380 This French-speaking canton as Fribourg consists of many small municipalities. 381 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/ kazanfederalist. 382 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/ kazanfederalist. 383 See: Øòàóôåð Òîìàñ. Ôèñêàëüíûé ôåäåðàëèçì â Øâåéöàðèè.// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Ïîä ðåäàêöèåé Ð. Õàêèìîâà – Êàçàíü, 2004. 384 See: Õüþåãëèí Òîìàñ. Ôåäåðàëèçì, ñóáñèäèàðíîñòü è åâðîïåéñêàÿ òðàäèöèÿ.// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Êàçàíü, 2004. 385 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/ kazanfederalist. 386 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 387 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 388 See: Ôëÿéíåð Òîìàñ. Øâåéöàðèÿ: Êîíñòèòóöèÿ ôåäåðàòèâíîãî ãîñóäàðñòâà è êàíòîíîâ. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 389 See: François Saint-Ouen, Denis de Rougemont et l’Europe des Régions, edited by the «Fondation Denis de Rougemont pour l’Europe». www.kazanfed. ru/publications/kazanfederalist/. 390 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìàòåðèàëû Êîíôåðåíöèè Ôåäåðàëèçì: ðîññèéñêîå è øâåéöàðñêîå èçìåðåíèÿ. Êàçàíü. 22-23 èþíÿ 2001. www.kazanfed.ru/publications/ kazanfederalist.

320 391 See: Äàôôëîí Áåðíàðä. Ðàçâèòèå ìåæêîììóíàëüíîãî ñîòðóäíè÷åñòâà â Øâåéöàðèè. Çàðóáåæíûé îïûò ôåäåðàëèçìà. Æóðíàë «Êàçàíñêèé ôåäåðàëèñò». ¹ 4. 2002. 392 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Ïîä ðåäàêöèåé Ð. Õàêèìîâà – Êàçàíü, 2004. 393 See: Øìèò Íèêîëàñ. Øâåéöàðñêàÿ ìóíèöèïàëüíàÿ ñèñòåìà: ãåòåðîãåííîñòü, êîìïëåêñíîñòü, àêòóàëüíîñòü.// Ìîíîãðàôèÿ «Ôåäåðàëèçì: ðîññèéñêîå è ìåæäóíàðîäíîå èçìåðåíèÿ (îïûò ñðàâíèòåëüíîãî àíàëèçà)». Ïîä ðåäàêöèåé Ð. Õàêèìîâà – Êàçàíü, 2004. 394 See: Ìåñòíûå ôèíàíñû â Åâðîïåéñêèõ ñòðàíàõ: Ñáîðíèê - Ì.: ÌÎÍÔ, 2000.

321 322 323 324 325 326 327 328 activity, i.e. it was suggested that a special organ with consultative authorities formed on the basis of elections should be created.32 On December 12, 1904 a law which to a certain extent reflected the sentiments of Russian zemstvo was promulgated. It is interesting to note that Art. 9, which envisaged drawing the representatives of self-government to legislative work, was crossed out by Nicholas II after his talk with S.Y. Witte who was of the opinion that if the reform of state order was necessary, it would be preferable to transfer it to the constitutional system. He was against the idea (which Slavo- philes and D.N. Shipov defended) that people’s representation with consultative functions could evolutionally be transformed into a body that unified supreme authorities and the people. On the contrary, S.Y. Witte considered, “that such people’s representation inevitably should start serious struggle for expanding their authorities and gaining real legislative power, in other words for the transition to the constitutional system.The attempt to preserve autocracy and simultaneously call for national representation with a consultative function, in his opinion, was an attempt to reconcile two opposite bases…”33 Local autocracy and its development became one of the key links in the program of reforms of P.A. Stolipin. The issues of improvement of zemsky and city self-government were included into the programs of practically all leading political parties, not excepting RSDLP* and the Party of Socialist-Revolutionaries. The problems of local self-government turned out to be within the area of the interests of the Deputies of the State Duma that began its work since 1906.

§ 6. Local Authorities under the Provisional Government

After the February revolution of 1917 one of the first decisions of the Provisional Government was the creation of a Special Meeting *head person – Translator’s Note **commanders of an army in Russia – Translator’s Note)

329 on the reform of local government and self-government (March 25, 1917). Many well-known lawyers and specialists on state affairs took part in its work. Among 100 statutory acts adopted by the Provisional Government, more than forty were aimed at the implementation of this reform. In fact during this period the regime of “dual power” was established - on the one hand, there was the Provisional Government, representing the class of the bourgeoisie and capitalist landlords, and on the other hand, Petrograd and other Soviets of Workers’ and Soldiers’ Deputies. The Provisional Government did not have real power and its resolutions were carried out only within the limits allowed by the Petrograd Soviet which held the most important elements of real power, such as troops, railways, post and telegraph, in its hands. That is why, as many famous politicians of that time noted, the Provisional Government existed only as long as the Soviet of Workers’ and Soldiers’ Deputies allowed it to exist.34 Everywhere in Russia Soviets of Workers’ and Soldiers’ Deputies were intensively organized. In Moscow the events of the February revolution began on the evening of February 27, 1917, when at the meeting of the representatives of the public and State Duma, it was proposed to create a revolutionary committee. Soon Moscow Soviet of Work- ers’ Deputies was formed. On March 1 Moscow committee of public organizations was created. Following Petrograd and Moscow Soviets

*regions – Translator’s Note **Translator’s Note : Uyezd or uezd was an admistrative subdivision of Rus’, Muscovy, and Russia used from the 13th century, originally describing groups of several volosts formed around the most important cities. Uyezds were ruled by the representatives (namestniks) of knyaz and, starting from the 17th century, by voivodas. The subdivision into uyezds was abolished at that time and was only reinstated in 1727, as a result of Catherine I’s administrative reform. By the Soviet administrative reform of 1923–1929, uyezds were transformed into raions (districts) ***Translator’s Note : It is an adjective from Zemstvo. Zemstvo was a form of local government instituted during the great liberal reforms performed in Imperial Russia

330 of Workers’ Deputies, Soviets of Workers’ and Soldiers’ Deputies appeared in dozens of towns. Those were gubernia’s and uezd’s cities and towns, industrial centers and villages. The whole of Russia was covered with the network of Soviets. They tried to get in touch with each other, set up ties with the Petrograd Soviet that formed its own department for other towns. At the end of March All-Russia Meet- ing of Soviets of Workers’ and Soldiers’ Deputies was organized in Petrograd in Tavrichesky Palace. Being objectively interested in keeping power in the hands of the bourgeoisie the Provisional Government had to take measures to prevent monarchic counter-revolution. That is why it had to ac- celerate the process of abolition of the old regime and reform local bodies of government, and purge the state apparatus. It was done inconsequently and not at full blast, but it would be wrong to claim that Provisional Government kept all the apparatus without any changes. Firstly, the apparatus of the Ministry of Internal Affairs, which played an important part in the functioning of zemsky and city self-government, was significantly reorganized. The revolution eliminated the old police, which was replaced by amateurish, decentralized and socially mixed militia. Gendarmery and Okhranka* were totally liquidated. Secondly, during the first days the system of local organs of government was reconstructed. In a number of cities the governors were arrested and even killed in some places (e.g., in Tver the governor N.N. Bunting was killed). Soon there was a telegram from Minister- Chairman of the Provisional Government and simultaneously the Minister of Internal Affairs Mr. L’vov on discharging of all governors and replacing them with the chairmen of gubenia’s zemsky upravas, who were called the commissioners of the Provisional Government. Besides, the commissioners and even before that, the local committees of social organizations were formed in the provinces. So, between March 1-5, 1917 committees of social organizations were created in 28 cities (mostly in gubernias). They were coalition organs uniting

*Governors **Russian: guberniya, gubernia, governorate of the Russian Empire

331 the representatives of all layers of the society: bourgeoisie, workers, soldiers, town dwellers, political parties, trade unions and even local Soviets. The committees acted as representatives of power in the provinces, militia and the head of the local military garrison was subordinate to them. They launched the re-election campaign based on the principles of old local self-government - zemstvos and city dumas was launched, at first by means of introducing a certain number of representatives of the Soviets, political parties, and factory and plant committees. Re-elections on the basis of universal suffrage started later. On March 19, 1917 the Provisional Government approved of the resolution on the complete abolishment of the institute of heads of zemstvos, their duties were transferred to uezd’s commissioners and court duties - to interim judges. The creation of volost’s committees was declared. The reconstruction of the apparatus of local government was finished by this resolution. On May21 , 1917 the Provisional Government adopted the law on zemsky reform.35 In May 1917 «Provisional Regulations on Zemsky Establishments” were adopted. In comparison with regulations of 1890, the competence of zemstvos was considerably expanded: they were to deal with labor protection issues, employment exchange creation, providing juridical help, elimination of high cost of living. Zemstvos received their executive organs - the militia. All-Russian Zemsky Union was at the head of zemstvos, and the Soviet of Dumas administered the activity of town and district dumas and upravas. Also, in May the law “On Volost’s Zemstvo” was adopted. Some Volost’s zemsky assemblies and volost’s zemsky upravas were created. Within the competence of volost’s zemstvos there were the issues of dues and capitals of zemstvo, provision of firefighting, sanitary and communal activities, employment exchange creation, order protection, supply of foodstuff. Thus, the reform covered the following groups of issues: 1) Transformation of town elections on the democratic bases by means of Town Regulations introduction (for the first time in a 332 number of towns), revision of the current Town Regulations with elimination of guardianship and suppression of independence of town self-government; improvement of urban finance and credits for towns; establishment of smaller units in large cities and making the rules on city planning. Finally, larger cities were withdrawn from zemstvos and the cities received the very wide rights to enter into an alliance with cities and zemstvos. 2) Village self-government creation (it was similar to the former simplified town structure). 3) Transformation of gubernia’s and uezd’s zemstvos on the wide democratic principles, introduction of a smaller zemsky unit (volost’s zemstvo); the change of Zemsky Regulations with the elimination of administrative guardianship and suppression of independence of zemstvo; improvement of zemsky finance and credits for zemstvos, zemstvos were given the widest right to form alliances and partnerships with other zemstvos and towns. Finally, zemstvo was introduced almost all over the country - with differences caused by local peculiarities. 4) Regulations on transformation of the police into zemsky and town (elective) militias were issued. Administrative courts that should protect legitimacy were introduced; the preparation for the transformation of gubernia’s and uezd’s government was being made.

The Most Important Terms of Reform

Elections to volost’s zemstvo were, as a rule, based on the majority system. There were from 29 to 50 representatives per volost. Repre- sentatives composed a volost’s zemsky assembly. The chairman was elected by representatives from within the membership, volost’s zemsky uprava with the chairman at the head was an executive organ. *attorneys **The viceroyalties were governed by namestniks (literal translation: “deputy”) or Governor-General . Correspondingly, the term Governorate General was in use to refer to the actual territory being governed. The office of Governor General had more administrative power and was in a higher position than the previous office of Governor. Sometimes a Governor General ruled several gubernias

333 Elections to uezd’s zemstvo were held compulsory on the proportional system. The cities formed an independent electoral ward. The towns with a population not less than 50,000 people and gubernia’s cities did not elect representatives to uezd’s zemstvo as they themselves were put on the same level as uezd’s zemstvo. Gubernia’s representatives were elected by uezd’s assemblies or city dumas. Zemsky assembly consisted only of the elected representatives. Representatives of state institutions and officials were not allowed to take part in them. The chairman was elected by the representatives from within their membership for a one-year term. Regular meetings were called once a year, and special ones if necessary. The officials of the upravas were not to be approved. Any person who had the right to vote anywhere could be elected to uprava. The term of powers of uprava was a three-year period. The combination of zemsky position with any other payable posts on state or public service was not allowed. Zemsky employees stopped being approved for their positions by administrative machine and they had the right to trade union activity. Zemstvo gained a new place and meaning in the whole system of state government, it received absolute local power in provinces. There were some new functions of local self government: providing some juridical assitance to the people, superintendence of schooling, arrangement of employment exchange, labor protection measures, management of militia. Uezd’s and gubernia’s commissioners controlled the activities of gubernia’s and uezd’s zemstvos, and also volost’s ones. It was expressed in the forms of entering protests into the administrative department of regional court. Protests were made only in case of law violation. The Law of September 22 envisaged the ways of ordering of zemsky finance. State income tax was surcharged in favor of zemstvos;

*justice **In the late Russian Empire the social estates were called soslovias. This term approximately corresponds to the notion of the estate of realm. The four major estates were: dvoryanstvo (nobility), clergy, rural dwellers and urban dwellers, with a more detailed stratification therein.

334 a tax on rural construction was imposed, it was allowed to collect a number of new dues. The Law of June 17 determined that volost’s zemstvos could levy not more than 30% of uezd’s charges. By the Law of September 19 cashier’s office of city and zemsky credit was transformed into State Bank of City and Zemsky Credit. On July 15 Regulations on village administration were approved. It was to be introduced into railways, factories and plants, mines, dachas and other localities, if they had local needs of improvement. According to the Law of April 17 on militia, the task of order protection and safety became one of the components of zemsky and city activities, and the militia employees became one of the categories of zemsky personnel. The position of head of the militia was substituted by uezd or city upravas. The head was responsible to uezd’s zemstvo or city for militia activities. He himself chose his assistants who managed separate departments of militia men. Ac- cording to the law, any Russian citizen who was 21 years old , and who was not due for investigation or trial, and who was not insolvent, ñould become a militia man. Special attention was paid to the collective activity of zemsky and city establishments. In the previous decades zemsky establishments’ striving to amalgamate into unions and partnerships for development was hindered because of the fear of political association of zemstvos. However, such zemsky unions began to appear since the 1890s in the form of partnerships of zemstvos on purchasing agricultural machines, etc. In 1906 the government finally recognized the right of zemstvos to form such associations, but only the ones of this kind. Nevertheless, during the Russo- Japanese War of 1904-1905 the General Zemsky Organization appeared without prior arrangement. Its aim was to help sick people and wounded soldiers, and after the war to provide food for the

*department **nobility ***Heads ****Decency

335 population of the crop failure places. In 1906 the Migratory Re- gional Zemsky Organization appeared (under Poltava gubernia’s zemsky uprava), its aim was to help in-migrants in Siberia. Finally, at the beginning of World War I, without preliminary permission zemstvos formed All-Russia Zemsky Union, which later associated with a similar City Union, and together they formed the mightiest association in the country called “Zemgor”. It worked for defense and provision of the army and created a number of different plants and enterprises for this purpose. The government tenaciously refused to recognize it as legal and just tolerated it until the time came. But even the congresses that were not officially banned, Zemstvos could arrange congresses with a lot of obstacles. Prepared by order of the Provisional Government, the Project of the Rules on partnerships, unions and congresses of zemsky establishments, city and village departments (approved by the special law of June 9, 1917) envisaged regulations of different kinds of voluntary unions of zemsky establishments. Besides, the right to form this or that kind of association was granted to gubernia’s, uezd’s and volost’s zemsky establishments, and also city and village departments on the basis of corresponding resolutions of zemsky assemblies, city and village dumas. The partnerships were formed for the purpose of joint participation in trading, industrial or other enterprise, i.e. for commercial purposes aimed at satisfying common requirements. The unions created were both general - on all things the institutions were in charge; and special - on different branches under their control. All rights of zemsky assemblies, except the right of taxation and issuing compulsory resolutions for the population, could be transferred to such unions. To discuss common issues concerning the needs of zemsky and city establishments the Congresses of representatives could be called. The composition and order of convening Congress was determined by the institutions that took a decision on its convening. On June 7, 1917 at the meeting of Provisional Government Regulations on All- Russia Zemsky Union was approved. It was determined as a united organization of zemsky establishments which aimed at performance

336 of the activities caused by the needs and tasks of general zemsky character, war and its consequences, and also, other activities by agreement with corresponding government establishment. To fulfill these tasks, Zemsky Union had the right to establish enterprises, educational institutions, publish and distribute the printed materials. The Union was administered by the meeting of representatives consisted of three representatives form every gubernia, who were elected by gubernia’s zemstvos. Thus, an immense amount of work to create municipal legislature was carried out in the shortest period of time.

§ 7. From Self-Government to Soviets

Since October 1917 the fate of zemsky and city structures of self- government was to a considerable extent determined by the recommendations of Soviet government addressing the local Soviets to use the apparatus of these organs for implementing the first decrees of a new power in the provinces, and also, by a real situation in a corresponding gubernia or city. On October 27, 1917 the resolution of the Soviet of People’s Commissars “On expanding the rights of city self-governments in food provision” was approved, according to it, all foodstuff available in the provinces was to be distributed only through the city organs of self-government. The right to control the activities of trading and industrial-and-trading food enterprises, their supervision and establishment of labor service for the students to work at these enterprises was granted by the same organ. After October 1917 zemsky self-government did not exist for a long period of time. In spite of the fact that some of the first decrees of Provisional Workers’ and Peasants’ Government suggested the expansion of the rights of local self-government (“On the rights of city self-governing organs in dealing with housing problems” (published on October 30, 1917), “On volost’s land committees” (resolution of People’s Commissariat of agriculture of November 1917)), it soon became clear that the new power would not get on with the former

*parts **blocks

337 system of “patriarchal virtues”. In November 1917 zemsky congress was held, it tried to find the ways to overcome the crisis, but on De- cember 19, 1917 the decree “On establishment of Commissariat of local self-government”, signed by the chairman of the Soviet of People’s Commissars V.I. Ulyanov-Lenin,was published. It was formed with the purpose of “uniting the activities of all city and zemsky institutions”. To a newly created office the following functions were transferred from Commissariat of Internal Affairs: the main administration on the local economy affairs, cashier’s office of city and zemsky credit that did not become the Bank, and other establishments related to local self-government. On December 24, 1917 the People’s Commissariat of Internal Affairs addressed the Soviets of Workers’, Soldiers’, Peasants’ and Farm Laborers’ Deputies “On formation of local self-government”. The Soviets were called to take boldly and more resolutely the local problems solution into their own hands.” By the Decree of the People’s Commissariat of December 27, 1917 the members of Zemsky Union were dismissed, the Union itself was liquidated and Commit- tee on Dissolution of Zemstvos was formed. Since that time zemsky establishment almost stopped its existence on the whole territory under Bolsheviks’ control. Many zemsky officials found themselves in the White Army. And on the territories under its control for several more years zemstvo was actively functioning. From November 30 to December 8, 1918 in Simpheropol the Congress of Zemsky and City Self-government Bodies of the South of Russia was held. It tried to take “the work on uniting Russia and establishing democratic state authority” upon itself; but during the following years the power of Soviets was established almost everywhere on the whole territory of the former Russian Empire and it quickly turned into the elements of strict administrative structure of government. The materials on legislative activity and normative acts of zemstvo that were under the control of “White Movement” in 1918-1920, have just begun to come to Russia from the so-called “Prague Archives” and other

*It is an executive body of city Duma of self-government (1785-1870). It consisted of 6 glasnys and the city Head

338 foreign sources. They are hardly studied and are still awaiting their researchers. However, while preparing the first Constitution of Russian Federation of 1918 and working on Section 3 “The Constitution of Soviet Power” (Part B “Organization of Soviet authority in the provinces”), most of the proposed projects on organization of local power (“Establishment of So- viets” of Left Socialist-Revolutionaries, the project of P.P. Rengarten, M.A. Reisner, Maximalist Socialist- Revolutionaries, etc.), though declaring the “triumph of Soviet authority”, were based on the system and experience of the activity of zemsky and city self-government, and were penetrated with their ideology. The authors of the projects considered the Soviets not as a militant weapon of the proletariat, but as the organs of local self-government, similar to zemstvos. Naturally, all these projects were refused by the All-Russia Central Executive Commission or even not considered by it. The Constitutional Commission strived to reflect the idea of dictatorship of the proletariat, transforming many times its own “ideologically correct” project, as well. Strange as it may seem, the most serious attempt to increase the efficiency of government by means of its relative decentralization was undertaken in the Soviet period, soon after zemstvos were abolished. In 1919 work on seeking new forms of decentralization of the government began; its mottos were “struggle against glavkism” and “gathering of communes”. Under “struggle against glavkism” the formation of special departments in the structure of executive committees of local So- viets was meant; the task of these departments was to organize communal economy in the provinces (“otcommunekhoz”). According to the decrees of the Soviets of People’s Commissariat, the functions of the glavks* of UCPE** and partially the functions of sectoral People’s Commissariats were transferred to them. “Struggle Against Glavkism” was finished by the Resolution of the Soviet of People’s Commissariat that approved the “Regulations on City Soviets” (1925) and “ Regulations on Local Finance” (1926), that formed rather independent economic and organizational power in the provinces. 339 The most fundamental works in the area of municipal economy of that period were the works of L.A. Velikhov “The Experience of Municipal Program” (1926) and “The Basics of City Economy” (1928), that are of great interest for specialists even today. In April 1927 the ÕV conference of All-Russia Communist Party (of Bolsheviks) announced the course on centralization of power and government. Since 1928 “otcommunekhozes” and MDCE* were closed, the purge of the apparatus of local Soviets and central apparatus and scientific personnel were taking place. A new law on finance was adopted, it introduced residual principle of financing (after the expenses on industrialization) of local economies. However, it is necessary to notice that the idea of self-government as an element of all-people’s government was formally the basis of socialist state structure. In practice it meant the creation of Soviets of People’s Deputies on the basis of wide representation and their executive organs on all levels of state authority. In general, the characteristic feature of the first months of Soviet power took the variety of organizational forms in constructing local Soviet machine of power. But the real administration in the state was carried out not through the formally recognized organs of Soviet power, but through the party structure penetrating the whole state. Thus, even at the period of development of the first Constitution organs of local power (combeds, revcoms) began to appear; they also bore ideological functions and replaced constitutional organs in many uezds and gubernias. One cannot help but mentioning that despite all their decorative- ness, the Soviets performed some functions of self-government, as there was an objective need to optimize of administration which forced the central organs to tolerate it. On December 18, 1917 the Soviet of People’s Commissars issued the decree “On Providing Cred- its for the Sum of Two Hundred Million Roubles at the Gisposal of Inter-deparment Commission to Give Loans to Cities and Zemstvos.” Approximately at the same time the Decree of People’s Commissariat of Internal Affairs “On Transferring the Houses to the Authorities of the Cities” was promulgated. According to this decree the organs of local self-government had the right to settle the vacant houses with those who were in need, and also to establish housing inspection. 340 However, by the end of December of 1917 the attitude of the government to the institutions of the former self-government changed: on December 27, 1917 Zemsky Union was dismissed by the Decree of the Soviet of People’s Commissars. By the spring of 1918 the elimination of all zemsky and city bodies of local self-government was finished. Until March 20, 1918 the Soviet of People’s Commissars on local self- government was functioning, but after Left Socialist-Revolutionaries left the government coalition, it was abolished as an independent institution. From the very beginning Soviets as a form of political organization in their relationships with traditional institutions of self-government showed synthetic qualities that made it possible to fill the form with any content; everything depended only on how RSDLP (Russian Social Democratic Labor Party) was able to secure its dominating position in these organs. The term “Soviet”, in spite of the accidental nature of its origin, was to play an exceptional part in the state and political system of Russia. The sources of the formation of this term were the views of democracy as an order of governing with the help of collegiums. According to Calvin, English Puritans, Jacobins or Russian Marxists, Collegium (or Soviet) is an ideal form for democratic government. Primarily, the creators of Soviet system were unlikely to understand the essence of such an order of organization. They probably approached the first Soviets from the position of utilitarianism. The attempts of the Rus- sian intelligentsia (being not at all understandable to a European) to very often distort the interpretation of customs and traditions of political everyday life of Russian people (which originated from the revolutionary narodnik movement (populism)) was realized here. The sources of peasants’ community for many years serving as a form of organization of exclusively land and farm relations feeds the “embryo” of the Soviet system. Having made the Soviet a basic element of a new statehood, its ideologists “urbanized” the ideas of peasant self-government. They spread its principles to the area of political organization and made the long-standing dream of such a social system come true for the Russian revolutionary intelligentsia, inclined to anarchical order.36 341 The absolute reason for a success of Bolsheviks for taking power was the fact that they suggested a total illusion corresponding to the expectations of Russian society. Any one, who offered the people the end of war, distribution of land, genuine local self-government, could gain their trust and quietly “pick up” the power in the streets. And Bolsheviks did it with tremendous success. As a result, giving to people neither this nor that to a full extent they were able to create an illusion of readiness to positively answer all urgent questions of Russian society. The idea of dictatorship of the proletariat was legally realized in those norms of the Constitution of 1918 that established preferential right for labor people and limited right for the “bourgeois” elements that introduced multi-staged elections, instead of direct ones that replaced the former secret ballot bypractically an open voting.37 First, all the transformations did not correspond to an idea of local self-government as commonly understood. Second, the established Soviet order was not similar to the position of bodies of central government in the provinces, e.g. in the European part of tsarist Russia. Third, regional elective oligarchical subordination to both central power and local party committee characterized local Soviet system. Concerning historical analogies, Soviet institutions resembled volost’s starshins (senior men) elected by peasants in relation to their zemsky head or uezd’s police officers of Catherine’s period in respect of the governor. Besides, the system of bureaucratic centralism typical for Russia, aggravated by the change of ruling elite with the leadership aspirations of new bosses and the replacement of law and order with ideologized policy continued to exist. Speaking of the Soviet period of history of self-government, it should be mentioned that, firstly, the strict hierarchy of social relations, and the structure of corporations determined the establishment of vertical subordination of separate institutions. That is why by the autumn of 1917 the Soviets began the process of amalgamation,

*Measure of land = 2.7 acres

342 working out the principles of vertical functioning: volost’ (or city) – uyezd – gubernia – oblast’ – state. Secondly, democratic methods of administration of corporation that were not always democratic formed corresponding views of the structure of interrelations of both separate institutions of self-government and the bodies of local self-government and the institutions of state power (e.g. local Soviets considered decisions of all superior Soviets, All-Russia conferences and Congresses of Soviets to be obligatory for them). Thirdly, the functional content of local self-governing unit (corporation) – village, district, etc. as a regulator of political mobilization should finally form a dual understanding of the Soviet nature. At the same time, historical conditions of Russia greatly influenced the development of Soviets, their transformation from bodies of self-government into local organs of state power and administration. One of the first features that showed the changes of principal foundations of functioning and activities of local Soviets was the abolition of elections and transition to the system of so called “full-time employees” appointed to leading positions by superior Soviets. Finally, the inclusion of the Soviets into the system of state power and turning Russia (USSR) upwards into the Republic of Soviets originally contradicted the self-governing nature of Soviets.

§ 8. Soviet Period

The first steps on the path of democratization of local bodies of power were made in the Soviet Union within the socialist system, at the end of the 1980s. In the course of elections to local Soviets in 1987 in 5% of regions an experiment was held: the elections were held on a competitive basis. As a result in experimental regions 26,000 candidates contested 4,700 deputy mandates of local authorities. In all other aspects local organs of power continued to be strict centralized power system under control of the CPSU. Such features were still typical for the period of perestroika: 1. absence of differences between state and municipal levels of authority; 2. complete similarity of jurisdictions of local bodies of power 343 to the lower administrative and territorial division; 3. dependence on the decisions of upper bodies of state power and on the policy of the party. The next important step was the introduction of Amendments to the Constitution of the USSR and the Law “On Elections of People’s Deputies of the USSR” at the end of 1988. The most significant Amend- ments for the development of the institution of local self-government were the ones that established the right of voters independently to nominate candidates at the elections, that guaranteed the subordination of all state bodies and officials of a corresponding level of power to the Soviets and limitation of a term of tenure of office, appointment to which was done by the Soviets. The term «local self-government» was first introduced into juridical usage by the Law of the USSR of April 9, 1990 «On the General Bases of Local Self-government and Local Economy in the USSR». A number of terms of this law laid down the foundation for radical changes of the role of local authorities in the development of civic society. They are: 1. guarantee of self-sufficiency, independence, and electivity of local Soviets; 2. determination (though indistinct) of competence of local Soviets; 3. placing the communal property at the disposal of local So- viets; 4. allotment of the income base to the budget of local bodies of power, consisting of both stable normatives of deductions from federal taxes as well as local taxes, dues and duties, established independently by the local bodies of authority. It should be noticed that the Law envisaged electivity only of representative bodies of local self-government. As the first territorial level of local self-government the lower level of administrative and territorial division of the USSR was established: rural council, village, city, city district. *board **elected members of zemsky assemblies and city Dumas in the second half of the 19th century

344 The terms of the law mentioned above became the foundation for the formation of local self-government not only in the Russian Federation, but in all other states – the former republics of the Soviet Union. The first proper Russian law on local self-government was adopted on July 6, 1991, when Russia was still a part of the USSR. The main progressive feature of this law was the term that not only the organs of representative authority, but the heads of the administrations should be elected in the course of democratic elections. Also, this law dismissed executive committees that were the lower level of hierarchic system of state authority.

§ 9. Post-Soviet Period

At first local self-government in independent Russia was built on the basis of introducing amendments and addenda to the Law “On local self-government in Russian Federation” adopted in 1991. How- ever, agreeing it with the other Russian legislature, and first of all with the law «On Bases of Tax System in Russian Federation» îf December 27, 1991 led to vagueness in the essence of formulating the law and also to the narrowing of the competence of local bodies of authority in relation to the formation of their income base. Dismissal of the Supreme Soviet of the Russian Federation in the autumn of 1993 and adoption of a new Constitution marked the beginning of a revolutionary stage in the development of local self- government in Russia. The so-called «municipal revolution» was an initiative of the federal levels of power. The stake was on the formation of political counterbalance to the strengthening of opposition of regional elite. In different divisions of federal power the structures specially supporting lower link of Russian government were created. Having an ally in the person of self-sufficient organs of local self-government, independence of their leaders from the regional management was suitable for the team of Russian reformers putting into force unpopular decisions of the government. After the Constitution was adopted, federal bodies of power became the initiators of passing a number of other laws regulating the formation and activity of the 345 local self-government. All these laws were aimed at developing the self-sufficiency of the lower level of the hierarchical system of public administration. Having determined the interrelations between the central and regional levels of authority as federative, the Center, however, narrowed the powers of the regions in regard to local organs of authority transferring analogue of federal relations to a subnational level. The heads of the overwhelming majority of the regions, having surely benefited from the federalization of their relationships with the center, did not want to give their powers in respect of sub-regional territories. Decentraliza- tion of power at the level of subjects of the Russian Federation was opposed to the “paternal” model of the inter-relations with the local bodies of power.

§ 10. Local Self-Government in Contemporary Russia

The basic law where the fundamental principles of local government formation are stated is the federal law “On the General Principles of Organization of Local Self-Government in the Russian Federation”. The main difference of this law from the ones of the Soviet period is the fact that the law stipulates general principles of organization of local self-government but not the system of organs of local self-government. The law defines the subject of local self-government, i.e. a municipal unit. This term means any populated area (city, village, town or their amalgamation on one and the same territory, or a part of any settlement), within the limits of which the following four conditions are complied: 1. Local self-government is accomplished; 2. There is municipal property; 346 3. There is a local budget; 4. There are elected organs of local self-government. According to the Constitution, the law establishes a variety of levels of territorial division on the basis of which local self-government may be organized. It makes it possible to organize local self-government on the level of a region (the largest subregional unit within the former administrative and territorial division) as well as on the level of any separate settlements or their amalgamations irrespective of the size of the population living on the corresponding territory. This law stipulates the main distinctive feature of the Russian model of local self-government - to give a unified legal status to all entities of local self-government. It means that all the organs of local self- government having on their territories the cities of regional status, districts, towns of district status, rural settlements and rural districts are authorized with equal rights in relation to their organizational and administrative functions. Subordination of some municipal establishments to the other ones is not permitted by the law. Thus, according to the law “On the General Principles of Organiza- tion of Local Government” the whole territory of Russian Federation is divided into non-overlapping jurisdictions (territories) of municipal establishments, entities of local self-government. The proclaimed equality of municipal institutions differentiates the Russian model of local self-government from the model of the Soviet period as well as from the models of most states formed after the collapse of the Soviet Union and adopting the policy of development of the bases of local self-government laid during the pre-reform period. The law specifies the authorities of the organs of state power of entities of RF in the sphere of local government and enumerates the subjects under authorization of local self-government. These subjects under authorization are enumerated not as the categories of functional activity or the budget services provided but as the categories of liabilities on maintenance of the institutions of this kind or the other that were transferred under control of local organs of power as a result of division of property between the organs of authority of RF entity and organs of local self-government. As a result local organs of power are empowered by the federal law to: 347 1. maintain municipal housing; 2. organize and maintain municipal establishments of preschool and school education; 3. form and maintain municipal institutions of health care; 4. organize and maintain municipal organs of public order protection; 5. organize and maintain municipal establishments of communal services; 6. maintain roads of local importance; 7. improve the area and plant the greenery on the territory of a municipal establishment; 8. utilize and recycle waste; 9. organize funeral services and maintain cemeteries; 10. provide the people with public transportation and communication services; 11. create conditions for cultural, physical education and sports establishments; 12. form a municipal firefighting service. Thus, municipal units are assigned to finance and provide a wide range of budget services. Unlike most of the countries with developed local self-governing system Russian organs of self-government are imposed with such budget duties as providing education and health care. However, the law provides for limiting a number of such services provided by a specific municipality depending on the objects of social infrastructure transferred at its disposal. So, the division of authorities on the provision of budget services between organs of power of RF entity and local self-government depends on the character of partition of property on the objects of social infrastructure. At present 12,215 municipal establishments are registered in Russian Federation, among them: Cities - 625 Rural settlements - 516 City districts and okrugs - 153 Districts - 1,404 Rural okrugs - 9,314 Rural populated localities - 203 348 Thus, municipal units have different territorial basis: separate settlements (cities, rural settlements, rural localities villages; intercity districts and okrugs; rural okrugs (several rural settlements), villages; the districts with the isolation of the large settlements and rural okrugs as independent intra-distict municipal formations, the districts without the isolation intra-distict municipal units, etc. More than 10,000 municipal units have their own local budget. Though the share of local budgets in the consolidated budget of the Russian Federation is 25%, expenditure authorities, financed from local budgets, are 30% of the consolidated budget of the Rus- sian Federation. At present local budgets finance almost 100% of secondary education, 85% of health care, 60% of maintenance of kindergartens, housing, expenses on communal services. To a certain extent, it is the organs of local self-government through which social guarantees stipulated in the Constitution of the Russian Federation are realized. However, the methods of inter-budget regulation used by the entities of the Russian Federation do not now reflect the real needs of municipalities. At present 11,160 municipal units have municipal property. As a rule, in addition to the funds of local budget and out-of-budget funds, municipal property consists of the enterprises of housing and communal services, institutions of education, health care, culture, sports, housing, and non-residential buildings. Today it is possible to name the following negative tendencies in the sphere of local self-government: - increasing of the gap between a number of authorities imposed on the organs of local self-government and their financial and material provision, the growth of credit debt of the organs of local self- government; - absence of motivation of the organs of local self-government to grow of their own income because of the traditional practice of redistribution of income or its withdrawal in favor of the Federation entities, which results in reduction of income of municipal units; - violation of the rights of citizens to local self-government (including closing of municipal units against the desire of the population, deprivation of municipal units of the status of independent entities 349 inter-budgetary relations in the Federation entity, change to the appointment of the heads of municipal units by the organs of state power or state officials, etc.). The structure of expenditures of local budgets does not reflect the real state of the social sphere and the actual expenses that organs of local government bear when realizing their own authorities, and also the norms of federal and regional legislature imposing additional liabilities on the municipal powers. The acting model of inter-budget relations is oriented mostly towards levelling the incomes of budgets of different levels according to the expenditure sections of local budgets. This resulted in: significant differentiation between regions and municipalities on a level of budget security, absence of real stimuli to increase tax collection, especially of those incoming federal budget, non-proportional and ineffective expenditure of regional budget including those received as transfers from the federal budget. Judging by this, the current model of inter-budget relations cannot work effectively as it does not take into consideration the principle of distribution of budget authorities. That is why it is necessary to take measures on the differentiation and legislative assignment not only of budget income but of budget authorities among all levels of authority in general.

§ 11. Issues of Structure of Public Power and Social Security in the Subjects of Russian Federation

(from the experience of Kabardino-Balkar Republic)

Before the reform of local level of authority on the whole territory of Russia there was a strict administrative vertical hierarchy according to which administrations of the smaller territories were subordinate to the larger administrations on the territories of which they were situated. Depending on the square of the area, size and density of the population, administrative and territorial subordination, administrative and territorial units forming the regions formed the following hierarchy: region - districts, cities of regional status – towns of district status, rural settlements, rural okrugs. The municipalities which ap- 350 peared recently in different regions were formed on different levels of former administrative and territorial hierarchy - in some regions on the levels of the former cities and districts, in the others - on the level of rural okrugs, in the others - partly on the level of cities and districts, partly on the level of rural okrugs. In some regions former districts were reorganized into territorial divisions of regional administration forming the second level of state power of RF entity (region - districts and cities), in other regions former districts were turned into municipalities, very often with a 2-level structure (cities, districts - rural settlements, rural okrugs). It is possible to name the following variants of the structure of local public administration acting in different regions of Russian Federation at present: Structure I One-tier structure of state authority of RF entity and one- tier structure of municipal organs of power (on the level of large cities and districts) Local organs of self-government were created mainly on the basis of large cities and districts, formed according to the traditional administrative and territorial division. They have budget rights within the framework determined by the federal government. Their financial interrelations with the organs of power of the RF entity (i.å. the volumes of the provided financial help and the rates for allocations from regulating taxes) are determined directly by the organs of power of the RF entity. On the level lower than district executive organs of sub-municipal management of budget funds are formed under this structure. These bodies of management are on the budget determined by the municipal authorities. Structure II Two- tier structure of state power of RF entity and one- tier of structure of municipal organs of power enjoying all rights of local self-government Besides the functional divisions, executive organs of state power of the entity of Russian Federation includes territorial and administrative subdivisions situated in the districts (and sometimes in the cities). Local organs of self-government are formed on the basis of cities, volosts, rural settlements, rural okrugs (rural councils) according to so-called settlement feature. Among the functions of the territorial and administrative subdivisions of regional authorities there is main- 351 tenance of the objects of infrastructure serving all the population of this area and in most cases organization of the financial interrelations with the municipalities located in the area controlled by this territorial and administrative subdivision. Structure III Two- tier structure of state power of RF entity and one- tier structure of the organs of local self-government deprived of a number of rights guaranteed by the federal legislature This structure is similar to the previous one with the exception of the fact that the municipal units formed on the basis of settlement principal on the level lower than district are deprived of a number of rights and authorities established for them by the federal legislature, the budget rights, first of all. Local taxes are levied by the territorial subdivisions of regional administration that does not have elective representative organ of power. The budgets of municipal units are included into the budget of the entity of Russian Federation as items of expenditure. Structure IV One-tier structure of state power of RF entity and two-tier structure of the organs of local self-government suppos- ing subordination of some organs of local self-government to the others in violation of federal legislature The first tier of local organs of power are the bodies of authority formed on the basis of large cities and districts (i.e. in accordance with traditional administrative and territorial structure), the second level are the organs of power formed within the territory under control of the local organ of power of the first tier and having as their area towns of district status, smaller populated localities or their amalgamations. In this case the population living in one and the same area simultaneously takes part in the elections of organs of authority of the first tier as well as in the elections of organs of authority of the second tier. The financial interrelations of local self-government of the first tier with the regional authorities are determined directly. The financial interrelations of organs of power of the second tier with the regional authorities are determined not directly, via the bodies of local self-government of the first tier.

*districts

352 For example, the functions of the organs of local self-government of the first tier include distribution of financial aid between the budgets of the organs of local self-government of the second tier and appointing to them the rates for allocations from regulating taxes received from the regional budget. Thus, the organs of local self-government of the first tier in effect fulfill the authorities of the RF entity. Provided the organs of local self-government of the second tier fully cover the territory of organs of local self-government of the first tier, the functions of organs of local self-government of the first tier include maintenance of the objects of social infrastructure serving the people of its area. In addition, local taxes are levied, as a rule, only by organs of local self-government of the second tier, though it may often happen that the local taxes are unified for all the municipalities situated in the area of the organs of local self- government of the first tier. If the municipalities of the second level cover only the part of the territory of the organ of self-government of the first tier the functions of the organ of self-government of the first tier also include the performance of the functions of local self-government on that territory that is not under jurisdiction of the municipalities of the second level included into it. In such a case local taxes are levied by the organs of local self-government of both levels. Such a structure is called “matryoshka”. All the above-mentioned forms of organization of organs of local self-government can have different combinations in different RF entities. For example, in Vladimir oblast’ 18 municipal units formed on the level of districts have “matryoshka” structure, the other 7 municipal units have one-tier structure. In this oblast’ the municipalities of the second tier are the separate populated localities that desired to have independent organs of local self- government. However, the oblast’ powers do not accept them as being entities with full rights of inter-budget relations and carry out their financial interrelations with them via the organs of local self-government of the first tier. Local self-government plays a special part in the formation of civic society in Russia being the mechanism for forming such a 353 society and its integral component at the same time. The development of local self-government, its political and economic institutions should provide the unity of the state, economic growth of Russia via economic development of the municipalities and the regions, strengthening of all establishments of public authority in the state. Since the beginning of state and legal reforms in the Russian Federation special attention is paid to local self-government in the Kabardino-Balkar Republic. The formation of local self-government was primarily founded on the principle of combination of unity of state and public interests. The main task was to create the basic democratic principles of administrative and organizational and legal conditions, on the one hand, and, preserving of management of local self-government in the process of deep social and economic changes in the society, on the other hand. Declaring and establishing the principles of people’s government, democratic norms of formation of local self-government, the Kabardino-Balkar Republic proceeded from the necessity of: 1. keeping control over public processes on all the levels, that is on the vertical of power; 2. providing effective interrelations between the organs of the state authority and local self-government; 3. inadmissibility of confrontation («pulling the ropes») between representative and executive components of local self- government; 4. achieving a maximally effective organization; 5. fully satisfactory functioning of local government; 6. demands and needs of the population of the areas and an individual. To realize these tasks in October 1995 the Law of KBR “On local self-government in the Kabardino-Balkar Republic” was adopted. It established the system of local self-government in the Kabardino- Balkar Republic that provided the optimal balance of state and public interests. For this purpose especially, the Law stipulated the regulation according to which local self-government in the 354 Kabardino-Balkar Republic is fulfilled on the basis of state and public sources. The construction of the system of organs of local self-government, their structure, the principles of formation were founded in accordance with the norms of the Federal Law “On General Principles of Organization of Local Self-government in the Russian Federation” in respect to the traditions and experience of people’s lifestyle in the republic. The system of local self-government in Kabardin-Balkar Republic is made up according to the traditional administrative and territorial structure, within the boundaries of the territories of districts, cities, rural settlements, rural localities, stanitsas. That means that two-tier system is created and successfully functioning in the republic: regions and cities of republican status, urban and rural settlements. This provides their effective interrelations in making decisions on the issues of local importance. In terms of subordination of the relationships between two levels of municipal power the state authorities transferred to the organs of local self-government, and issues of management of municipal property are solved most effectively. Not only the territorial bases of different levels of local self-government but also the economic ones and their financial sources are legally stipulated. The important link in the system of local self-government organization in Kabardino-Balkar Republic is the formation order of organs of local self-government. Not allowing intervention of the organs of state power in the process of formation of representative organs of local self-government, they created such a mechanism of formation of organs of local self-government that provided interaction between the organs of state power and organs of local self-government. The formation of organs of local self-government is realized strictly according to the democratic principles on the basis of electivity. The deputies of Councils of the cities of republican status and administrative districts are elected in a one-mandate constituency. 355 The deputies of Councils of representative organs of the towns of district status, rural settlements are elected by all voters of the populated locality in multi-mandate constituencies on the basis of rating system. At the first session of a correspondent council from a number of deputies elected by an above-mentioned procedure, on the President of republic’s proposal the deputies elect a chairman from within its membership. Elected via this procedure the chairman of the council, the head of a representative body of local self-government, is approved by the President of the Kabardino-Balkar Republic as the head of local administration, vesting him with the authorities of the head of the executive organ of local self-government as well as with the authorities to perform state functions to the extent of the ones vested in the local self-government. The combination of representative and executive powers holding in one office results in excluding the practice of contradictions of two branches of local power, it provides quick and responsible exercising of administrative authorities to perform state and public functions. In addition, the authorities of representative organs (Councils), being realized jointly, and exercised by the head individually are differentiated and consolidated legally. In the Kabardino-Balkar Republic the practice of legal interaction of legislative (representative) organ of state authority and the bodies of local self-government is successfully implemented in the following areas: - legislative activity; - control of observance of the laws of the Kabardino-Balkar Re- public, its budget , programs of social and economic development, keeping the order of dealing with the property of the republic; - taxation policy; - administrative and territorial structure; - personnel appointments, etc. This is achieved by the fact that republic legislature allows the deputies of local self-government to be elected to the Council of

*office of zemsky and city affairs

356 representatives of the Parliament of the Kabardino-Balkar Republic which represents administrative and territorial units of republic and works, with the exception of the Chairman, on the temporary basis. The principles of the formation and functioning of structures and system of local self-government of Kabardino-Balkaria are in full compliance with the regulations of the European Charter on local self-government, and the Federal Law “On the common principles of organization of local self-government of the Russian Federation”. The principles of organization and functioning of the system of local self-government stated above allowed Kabardino- Balkar Republic in a short period of time: - to stabilize social and political situation and international relations; - to provide gradual development of economy; - to solve such urgent problems at the higher level as: - education (the integration of secondary and higher professional education is held, the admission of school-leavers to professional establishments of different levels); - health care (the first link of health care is reinforced, out-patient departments and clinics are created in all villages and towns, 30% of a salary bonus to the rural doctors is introduced); - social safety for maternity and childhood (a three-year paid martenity leave was introduced); - strengthening of law and order (the groups that help militia which operate, the Law of the Kabardino-Balkar Republic “On the Participation of the Citizens of Kabardino-Balkar Republic in Fulfill- ing Public Order Protection” was adopted and executed); - problems of housing, communal services, transportation, and others. Local self-government in republic became a reality. Proved in practice, the necessary constitutional and legal foundations for the functioning of local self-government as a primary level of public power, maximally close to the population and responsible to it are created.

357 Forms of Organization of Local Authority

Among different forms of organization of local authority it is worth mentioning the experience of Tatarstan, Stavropol territory (Stavropolsky Krai), Saratov region (oblast’), Novgorod region, and also America and Turkey. The model of organization of local authority in Turkey is based on the strict separation of the state and municipal authorities on the local level. Analogous scheme of strict differentiation of authorities and, correspondingly, the sources of income exists in America, Spain, France. The experience of the USA in the area of local self-government is summed up by American Association of Attorneys in the report «Local administration: authorities, structure, relations with other bodies of power according to the Constitution of the USA»; the range of requirements that are put forward to the local organs of administration and corresponding spheres of municipal activity is rather wide and is provided from the funds of local (municipal) budget. The lists of forms and kinds of activities of local authorities vary from territory to territory, from state to state, but the most typical are the following ones: 1. civil registration connected with the functioning of the city (certificates of birth, of marriage, titles of property and other similar records); 2. construction and maintenance of infrastructure, housing, schools, parks, recreation zones, libraries, greenery, stadiums, airports, bridges, public transportation; 3. police, firefighting service, first aid service, prisons, treatment facilities, water supply, waste collection and disposal, environment protection, activities of municipal services; 4. control over land use, planning, zoning, historical monuments protection, regulation of the process of subdivision of the objects of property; 5. registration of transport vehicles, driving license issuing, traffic regulation, issuing of licenses for selling alcohol beverages, professional activity licenses, cable telecommunication network regulation; 358 6. social services, including education, health care, help to the poor, unemployed, youth, elderly people, the activities of local communities; 7. planning, economic develoment, juridical and legislative forms of the activities mentioned above. It is important to mention that local self-government bodies are responsible for the provision of free access to education (creation of the conditions for school functioning, provision of municipal transport to bring the children to the school), i.e. the education operating in some school districts. They have their own income and independent financing, the school district boundaries do not coincide with the boundaries of municipalities and counties.

359 360 *assistants

361 362 363 364 365 * Zemtsy are the organization of liberal movement of zemsky glasnys of the middle of the 19th and the beginning of the 20th centuries. Th aim of it was to expand the authorities of zemstvos

366 367 *Russian Social-Democratic Labor Party

368 369 *Secret political Police in Tsarist Russia

370 371 372 373 374 375 376 377 *Central administrative boards **Upper Council People’s Economy

378 *The Main Department of Communal Economy

379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 NOTES:

1 Zemsky reform of Ivan IV, reform of local government in the Russian State in the middle of XVIth century; it was implemented to eliminate kormleniya, i.e. support of officials at the expense of the population, and introduce zemsky self-government. It was caused by the necessity of strengthening of local system of government in the interests of nobility and the merchants. In1549 at so called sobor (assembly) of “reconciliation” the program of zemsky reform was laid down. In 1551 Stoglavy Sobor approved “ustavny zemsky charter”. At the beginning of the 1550s in some regions the power of governors-generals was eliminated. But only in 1555-1556 was this type of government abolished all over the country. Instead of governors-generals and volosteley in the provinces they elected zemsky starostas (senior men) heading zemsky izby* and chosen from the most prosperous city dwellers and peasants. They were in charge of justice (except for grave crimes), management of the taxed population and the collection of taxes from it. The Tsar’s treasury that excersised general supervision over the activity of local bodies of zemsky self-government began to receive “Pososhnoy Okup” which replaced governor’s fees. Zemsky reform finished the reconstruction of local self-government on estate-representative bases and consolidated the centralization of state government. See: Íîñîâ Í. Å. Ñòàíîâëåíèå ñîñëîâíî-ïðåäñòàâèòåëüíûõ ó÷ðåæäåíèé â Ðîññèè. Èçûñêàíèÿ î çåìñêîé ðåôîðìå Èâàíà Ãðîçíîãî, Ë., 1969; Çèìèí À. À. Ðåôîðìû Èâàíà Ãðîçíîãî, Ì., 1960. * (Zemsky izby is an elected body of local self-government.It appeared in the provinces as a result of zemsky reform of Ivan IV. It consisted of zemsky starosta as its head, zemsky sexton and tax-collectors elected by town and volost taxed people for one or two years. Zemsky izby were supported at the expense of local population). 2 Kormleniya is the system of support of officials (governors-generals and others) at the expense of local population in Russia. It was formed in ancient Russia. It was eliminated by zemsky reform of Ivan IV (1555 - 1556). 3 Burmeister’s Chamber (B.C.) was created in Russia under the rule of Peter I in 1699 as central financial institution and elected body of self-government of town people. At the same time it was a local body that supervised Moscow dwellers. It exercised the collection of taxes (earlier it was done by prikaz ). B.C. was in charge of local electoral bodies of other towns — zemsky izby; starostas who headed them were called burmeisters. With creation of B.C. town population was eliminated from the government and voivodes’ courts that reflected increased significance of the merchants and towns. With the formation of guberniyas (1709—1710) the financial functions of B.C. and zemsky izby were moved to gubernyias’ institutions. B.C. and zemsky izby remained as town halls – elected bodies of town population. 4Landrats – a position borrowed from Ostsee region. They were appointed by the Senate on the governor’s recommendation from “double number of candidates”. Since 1714 they started to be elected by the nobility. Landrats did nor become elected persons. In 1716 Peter the Great abolished the earlier taken decision to elect landrats in the towns and ordered the Senate to appoint as landrats retired

401 officers and those having battle wounds. In1 718-1720 a number of gubernyias was increased to ten. Gubernyias were divided into provinces with unequal number in every gubernyia. There were 47 provinces. They were divided into districts that were governed by voivodes. Voivodes were in charge of the police. To manage finances zemsky book-keepers were introduced. Zemsky commissioners were subordinate to them. To perform judicial function separate landrichters and later collegial courts consisiting of presidents and assessors were established. Collegial “provincial” courts headed by ober-landrichters were established in large cities. In small towns such courts were headed by town judges. In 1722 the court was again joined to the administration. The governor headed courts in large cities and voivode with one or two assessors in province. Sometimes assessors were sent to remote cities for making their sole decision. 5 «Decree on Gubernyias» of 1775 proclaimed the appearance of 50 guberniyas, they were smaller than 23 vast guberniyas existed before. Each of them was headed by the governor, and the group of two or three gubernias, or namestnichestvo, was headed by the governor-general. Guberniya’s board supervised all åðîó affairs in the gubrniyas. Official Chamber was in charge of industry, income and expenses. Prikaz (department) of public care was in charge of schools and hospitals. Judicial institutions (criminal court, civil court, estate courts – for the nobility, city dwellers and state peasants) were separated from administration. Gubernyias were divided into uezds with district police officers in the rank of captain. The cities were special administrative units headed by governors or commandants; only in two capitals (St. Petersburg and Moscow) the administration was headed by the chief of the city police. Regional reform, in fact, transferred collegial structure from the center to the provinces. A more unified and better-composed bureaucratic system subordinated to governors-generals and governors, central colleges and the Empress was being created. In the 1780s a number of colleges such as Manufacture-, Chamber-, Berg-, Justice, Estate and Main Magistrate were eliminated. 6 «Charter to the Nobility» of 1785 is the charter of Catherine II that freed noblemen from obligatory service. This new principle was firstly declared by the Manifesto of Peter III in 1762 “On Granting Liberty and Freedom to all Russian Nobility” stating that there was not “such a necessity in forcing to serve as it used to be earlier”. In connection with this the noblemen were allowed to continue the service according to their own desire with suspension of retirement during the war time and three months before it and also in time of peace for the noblemen who having no chief- officer rank had not served in the Army for the period of 12 years. The retired had the right to leave for other European states and join up service there, provided they would return to Russia at the first request. As for the under-age children of noblemen, the Manifesto stated that on reaching 12 years old information on where and and what they were going to study (in Russia, Europe or at home) was required. The latter was allowed only the most prosperous families possessing estates with more than 1,000 serfs; the less wealthy had to send their children to military school “where they will be studiously taught everything that belongs to the knowledge of the nobility”.

402 Having granted such privileges Peter III expressed his confidence that noblemen would continue to enlist in the service with the same ardour and would bring up their children “with dilligance and zeal”. If any of the noblemen acted differently such people “not thinking about common interests” were to be despised and done away by all loyal subjects and true sons of the Motherland”. They were forbidden to come to the court and public meetings. The nobility approved of the manifesto. Mr. Sumarokov delivered a speech of gratitude on behalf of the nobility. But Catherine II did not like the manifesto. At the beginning of 1763 she appointed a commission to revise this law as “in some cases it put even more restraint on that freedom than common use for the country and state service can now demand, when the state situation and approach in bringing up the noble youth have changed”. In a revised version this Decree appeared in 20 years – in 1785, as “Charter on Granting Rights and Freedoms to all Russian Nobility”. The Charter began with a long introduction on Russia’s greatness, the nobility’s merits and the mercy of the monarchs towards it, and then goes on to describe the rights and previliges of the nobility. This sector of the Charter is divided into 4 parts: à) on personal privileges of the nobility; b) on Noblemen’s Assembly, on reforms of noble communities; c) assistance on making up and continuation of genealogical books under new conditions, and d) on proofs to show noble origin. 7 In 1785 the Charters were given to the towns. And the first of them united all the priviliges of the ruling class, proclaimed monopoly on the lands and peasants. The next is the right of estate court, rights to arrange plants and trade, organization of corporations in guberniyas and uyezds, Elections of officials, etc. in the second Charter the town dwellers were divided into 6 categories: merchants and petty bourgeoisie, noblemen and officials, clergymen. Peasants living in the cities were not included into the number of townmen though the fees were collected twice: for the village and the town. 8 According to legislation of Catherine II, which was later developed by Nicholas I, the nobility elections had a great importance for the state: via these elections most of the positions of local administration and court were substituted, including almost all uyezd’s police posts with the district police officer at the head. But the noblemen probably never realized the state significance of their duties and often saw these elections as the opportunituy to arrange kormlenia for the ruined noblemen. That is why in any social situation that became a little more difficult and at the time of more strict requirements laid to the administration and court , these officials turned to be incompetent to exercise their powers. 9 See: PSZÐI. Ò. X. ¹ 6927. The “Regulation” was prepared by the State Council and was a compromise decision (Leontovich V. V. op.cit. - P.328), as in this “Regulation” not all liberal tendencies of “Regulations” of 1864 disappeared. The Minister of Internal Affairs D. Tolstoy intended to replace elected zemstvos with representative commissions. His intention was not fulfilled because he died in 1890. In his introduction to the draft of a new zemsky “Regulations” he pointed out that “...the main reasons of existing disorder in zemstvos are in isolation of zemsky institutions form the state ones. The difference

403 between the administration and zemsky establishment is a natural consequence of our views learnt from the legislature of 1864 when zemstvo and its interests are considered a special institution, separate from the state and its needs, which in practice meant that zemstvos were authorized with independent, through the mediation of elected executive bodies, activities on local economy and improvement. That is why there is no consent in the actions of the government and zemsky actions, and sometimes even antagonism between them. ” – See: Êîðêóíîâ Í. Ì. op.cit. - P.534-535. 10 See: Ëåîíòîâè÷ Â. Â. Óêàç. ñî÷. – Ñ. 314; Åëèñòðàòîâ À. È. Óêàç. ñî÷. – Ñ.210-211; Åðåìÿí Â.Â., Ôåäîðîâ Ì.Â. Ðåôîðìû âòîðîé ïîëîâèíû XIX âåêà è ðàçâèòèå ñèñòåìû ìåñòíîãî ñàìîóïðàâëåíèÿ. Ðàçâèòèå èíñòèòóòîâ ñàìîóïðàâëåíèÿ â Ðîññèè â íà÷àëå XX âåêà.// Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèè (XII – íà÷àëî XX ââ.).– Ì.: Íîâûé Þðèñò, 1998.;http://rels.obninsk.com. 11 Strong remnants of tribal relations were retained by the nomadic people of Russia, such as Kazakhs, Kirgizs, Buryats some Turkmen, etc. The yasak was imposed on some peoples of Siberia of the category of nomads. The duty established in the XVII century. All this predetermined their non-participation in the elections. – See: Íàøå îòå÷åñòâî. – P.206. 12 For example, sons living with their parents had the right to participate in the electoral assembly instead of fathers by proxy. - See: Áåëîêîíñêèé È. Ï. Óêàç. ñî÷. - Ñ. 77-183; Ñâåøíèêîâ Ì. È. Îñíîâû è ïðåäåëû ñàìîóïðàâëåíèÿ. – Ñ-Ïá., 1892, ÷. 1. - Ñ. 121-161; ÷. 2. – Ñ. 90-117. 13 See: Êîðêóíîâ Í. Ì. Ðóññêîå ãîñóäàðñòâåííîå ïðàâî. Ò. II. – Ñ. 489. 14 On the enormous territory of the country the ancient Russian institution – rural community rooted into the “Russian Pravda” was still effective. Peasant and zemsky reforms did not eliminate the community but even vested it with certain tasks. On the one hand, the community became the means of forcing out redemption money. On the other hand, it was necessary for the landlord to retard social differentiation of the village. The ruin of the poor was not beneficial for the landlord, because in this case the peasants could leave for the city, and the landlord would not have enough working hands. But he did not need kulaks (a well-off peasant) either, because they themselves would stop being labor force and compete with the landlord to hire the rural poor. All this system seemed to be wise for the founders of refoms, and it worked properly for dozens of years. However, the community structure did not exist everywhere. The peasants of the Baltic region received personal freedom half a century before those in Russia, but they did not own the land, they were tenants or farm laborer of the landlords. In Azerbaijan redemption of the lots of land began a quarter of a century later, after reforms. In Georgia even at the beginning of the XX century more than half of peasants were still dependent. 15 See: Ëåîíòîâè÷ Â. Â. Èñòîðèÿ ëèáåðàëèçìà. – Ñ. 314-315. 16 See: Êîðêóíîâ Í. Ì. Ðóññêîå ãîñóäàðñòâåííîå ïðàâî. Ò. II. - Ñ. 281-288, 414-487; Ëàçàðåâñêèé Í. È. Ëåêöèè ïî ðóññêîìó ãîñóäàðñòâåííîìó ïðàâó. – Ñ–Ïá., 1910. Ò.2,÷.1.- Ñ. 200-243,254-257. 17 See: Áåëîêîíñêèé È. Ï. Çåìñòâî è Êîíñòèòóöèÿ. -Ì., 1910.-Ñ.31-77.

404 18See: Åëèñòðàòîâ À.È. Îñíîâíûå íà÷àëà àäìèíèñòðàòèâíîãî ïðàâà. – Ì.. 1917. – Ñ. 202. 19 See: Êîðêóíîâ Í. Ì. Ðóññêîå ãîñóäàðñòâåííîå ïðàâî. Ò. II. – Ñ. 577-591; Ñâåøíèêîâ Ì. È. Îñíîâû è ïðåäåëû ñàìîóïðàâëåíèÿ. – Ñ–Ïá., 1892, ÷. 1. - Ñ. 121-161; ÷. 2. - Ñ, Ñ. 232-247. 20 See: Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 220-221. 21 See: Êîðêóíîâ Í. Ì. Óêàç. ñî÷. - Ò. II; Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 223-224; Áëèíîâ È. Ãóáåðíàòîðû, èñòîðèêî-þðèäè÷åñêèé î÷åðê. - Ì., 1905; Òàðàñîâ È. Ò. Ëåêöèè ïî ïîëèöåéñêîìó (àäìèíèñòðàòèâíîìó) ïðàâó. Ò. I. - Ì. 1909; Ò. II. - Ì., 1910. 22 See: Íàøå îòå÷åñòâî. Ò. 1. - Ñ. 121-122, 149. 23 See: Íàøå îòå÷åñòâî. Ò. 1. - Ñ. 150. 24 See: Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 225. 25 Ñì.: Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 226-227. 26 See: Êîðêóíîâ Í. Ì. Óêàç. ñî÷. - Ñ. 607. 27 See: Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 227. 28 See: Åëèñòðàòîâ À. È. Óêàç. ñî÷. - Ñ. 229-230. 29 The delay of solving social and economic problems led not only to destabilization of the position in the country . but also to organized political unity of different layers of the society. By the autumn of 1904 the opposition to autocracy by way of zemsku organizations was formed. On November 6 the I Congress of zemstvo was held in St. Petersburg, it adpted the program of 11 items. – See: Ïîöåëóåâ Â.À. Èñòîðèÿ Ðîññèè XX ñòîëåòèÿ: (Îñíîâíûå ïðîáëåìû): Ó÷åá. Ïîñîáèå äëÿ ñòóäåíòîâ âóçîâ. –Ì., 1997.-Ñ.29. 30 See: Âèòòå Ñ. Þ. Âîñïîìèíàíèÿ. Ò. 1. – Ñ. 436. The note of S.U. Witte, he mentions here, should have shown that zemsky establishments were incompatible with autocracy. And the question of what practical intentions were concealed for these theoretical contemplations remains disputable. – See: Ëåîíòîâè÷ Â.Â. Óêàç. ñî÷. – Ñ. 371-391, 392. 31 See: Ìàêëàêîâ Â. À. Âòîðàÿ Ãîñóäàðñòâåííàÿ Äóìà. – Ïàðèæ, áåç äàòû. – Ñ. 140,141. 32 In the opinion of the minority of Zemsky Congress, People’s representation should become the organ of “moral value” that united the upper power and the people of Russia, but not the organ expressing the interests and demands of people in relation to the state power. D.N. Shipov, a famous member of zemstvo, pointed out, “It was probably not clear to our opponents that to us it is an absolutely alien question if people’s representation will have a decisive or consultative vote; and that there is no possibility to keep absolutism of the power that does not take into account the opinion of the people’s representatives, people’s ideas. The difference in our attitude to these isues is defined by not only the fact that the constitutionalists considered the legal concept as a basis for the transformation of our state system, when to us an ethic-social idea, understanding of moral duty by both upper authorities and the people’s representatives should be the basis of the forth-coming reforms. ”. – Øèïîâ Ä. Í. Âîñïîìèíàíèÿ è äóìû î ïåðåæèòîì. – See: Ëåîíòîâè÷ Â.Â. op.cit. – P. 378. 33 See: Ëåîíòîâè÷ Â.Â. Óêàç. ñî÷. – Ñ.382. 34 See: Ðîññèéñêîå çàêîíîäàòåëüñòâî Õ-ÕÕ âåêîâ. Ò 9. Çàêîíîäàòåëüñòâî ýïîõè áóðæóàçíî-äåìîêðàòè÷åñêèõ ðåâîëþöèé. – Ì„ 1994. – Ñ. 29-38.

405 35 See: Ôàäååâ Â. È. Ìóíèöèïàëüíîå ïðàâî Ðîññèè. – Ñ. 30. 36 See: Ëåîíòîâè÷ Â. Â. Óêàç. ñî÷. – Ñ. 179-301. 37 However, some peculiarities of electoral law of Nickolai II should be reminded here. According to the electoral law of December 11, 1905 four categories (agricultural (landlords), urban (bourgeoisie), peasant and working) were introduced. The standards of representation in each of them were different. As aresult, one vote of a landlord could be equal to three votes of an urban bourgeois, fifteen votes of peasants and forty-five votes of workers. it was envisaged to have multi-stage elections with different number of stages: two-stage elections for landlords and city dwellers, three-stage for workers, four-stage for peasants. This new law also kept the former restrictions on the electorate: women, the youth under 25, military people and nomadic people were not allowed to vote. – See: Ãîñóäàðñòâåííàÿ äóìà â Ðîññèè. – Ñ. 73; Ðîññèéñêîå çàêîíîäàòåëüñòâî. Ò. 9. – Ñ. 18.

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1. Êîíñòèòóöèÿ Ðîññèéñêîé Ôåäåðàöèè. Ïðèíÿòà âñåíàðîäíûì ãîëîñîâàíèåì 12 äåêàáðÿ 1993 ã. – Ñ-Ïá., 1997. 2. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 154-ÔÇ îò 28.08.95 “Îá îáùèõ ïðèíöèïàõ îðãàíèçàöèè ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè”// Ñîáð. çàêîí. ÐÔ. - 1995. - N 35. Ñò. 3506. 3. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 55-ÔÇ îò 17.03.97. “Î âíåñåíèè äîïîëíåíèé â Ôåäåðàëüíûé Çàêîí “Îá îáùèõ ïðèíöèïàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè” ñ èçìåíåíèÿìè îò 10.04.96. // Ñîáð. çàêîí. ÐÔ. - 1997. - N 12. Ñò. 1378. 4. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 107-ÔÇ îò 04.08.2000. “Î âíåñåíèè èçìåíåíèé è äîïîëíåíèé â Ôåäåðàëüíûé Çàêîí “Îá îáùèõ ïðèíöèïàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè”. // Ñîáð. çàêîí. ÐÔ. - 2000. - N 32. Ñò. 3330. 5. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 123-ÔÇ îò 21.07.97. “Î ïðèâàòèçàöèè ãîñóäàðñòâåííîãî èìóùåñòâà è îá îñíîâàõ ïðèâàòèçàöèè ìóíèöèïàëüíîãî èìóùåñòâà â Ðîññèéñêîé Ôåäåðàöèè”. // Ñîáð. çàêîí. ÐÔ. - 1997. - N 30. Ñò. 3595. 6. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 138-ÔÇ îò 26.11.96 “Îá îáåñïå÷åíèè êîíñòèòóöèîííûõ ïðàâ ãðàæäàí Ðîññèéñêîé Ôåäåðàöèè èçáèðàòü è áûòü èçáðàííûìè â îðãàíû ìåñòíîãî ñàìîóïðàâëåíèÿ” // Ñîáð. çàêîí. ÐÔ. - 1996. - N 49. Ñò. 5497. 7. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 104-ÔÇ îò 20.07.2000 «Îá îáùèõ ïðèíöèïàõ îðãàíèçàöèè îáùèí êîðåííûõ ìàëî÷èñëåííûõ íàðîäîâ Ñåâåðà, Ñèáèðè è Äàëüíåãî Âîñòîêà ÐÔ. // Ñîáð. Çàêîí. ÐÔ. – 2000. – N 30. Ñò. 3122. 8. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 124-ÔÇ îò 19.09.97 “Îá îñíîâíûõ ãàðàíòèÿõ èçáèðàòåëüíûõ ïðàâ è ïðàâà íà ó÷àñòèå â ðåôåðåíäóìå ãðàæäàí Ðîññèéñêîé Ôåäåðàöèè”. // Ñîáð. çàêîí. ÐÔ. - 1997. - N 38. Ñò. 4339. 9. Ôåäåðàëüíûé Çàêîí Ðîññèéñêîé Ôåäåðàöèè N 126-ÔÇ îò 25.09.97 “Î ôèíàíñîâûõ îñíîâàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè” // Ñîáð. çàêîí. ÐÔ. - 1997. - N 39. Ñò. 4464. 408 10. Ôåäåðàëüíûé çàêîí Ðîññèéñêîé Ôåäåðàöèè N 8 -ÔÇ îò 8.01.98. “Îá îñíîâàõ ìóíèöèïàëüíîé ñëóæáû â ÐÔ” // Ñîáð. çàêîí. ÐÔ. - 1998. N 2. Ñò. 224. 11. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 1617 îò 9.10.93. “Î ðåôîðìå ïðåäñòàâèòåëüíûõ îðãàíîâ âëàñòè è îðãàíîâ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè. // Ñîáð. çàêîí. ÐÔ. - 1993. - N 41. Ñò. 3924. 12. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 2265 îò 22.12.93. “Î ãàðàíòèÿõ ìåñòíîãî ñàìîóïðàâëåíèÿ â ÐÔ” // Ñîáð. çàêîí. ÐÔ. - 1993. - N 52. Ñò. 5071. 13. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 2093 îò 21.11.94. «Î íåêîòîðûõ âîïðîñàõ äîñðî÷íîãî ïðåêðàùåíèÿ ïîëíîìî÷èé ãëàâû ìåñòíîãî ñàìîóïðàâëåíèÿ» // Ñîáð. çàêîí. ÐÔ. – 1994. – N 31. Ñò. 3249. 14. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 568 îò 11.06.97. “Îá îñíîâíûõ íàïðàâëåíèÿõ ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè” // Ñîáð. çàêîí. ÐÔ. - 1997. - N 24. Ñò. 2741. 15. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 531 îò 29.05.97. “Î Ñîâåòå ïî ìåñòíîìó ñàìîóïðàâëåíèþ â Ðîññèéñêîé Ôåäåðàöèè” // Ñîáð. çàêîí. ÐÔ. - 1997. - N 22. Ñò. 2571. 16. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 1373 îò 13.11.98. “Âîïðîñû Ñîâåòà ïî ìåñòíîìó ñàìîóïðàâëåíèþ â ÐÔ”. // Ñîáð. çàêîí. ÐÔ.- 1998. - N 46. Ñò. 5653. (ñ Ïîëîæåíèåì î Ñîâåòå) 17. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 803 îò 3.06.96. “Îá Îñíîâíûõ ïîëîæåíèÿõ ðåãèîíàëüíîé ïîëèòèêè â Ðîññèéñêîé Ôåäåðàöèè”. // Ñîáð. çàêîí. ÐÔ. - 1996. - N 23. Ñò.2756. 18. Óêàç Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè N 1370 îò 15.10.99. “Îá óòâåðæäåíèè Îñíîâíûõ ïîëîæåíèé ãîñóäàðñòâåííîé ïîëèòèêè â îáëàñòè ðàçâèòèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè. // Ñîáð. Çàêîí. ÐÔ. - 1999. - N 42. Ñò. 5011. 19. Ïîñòàíîâëåíèå Ïðàâèòåëüñòâà ÐÔ N 1045 îò 15.08.97. “Î ìåðàõ ïî ðåàëèçàöèè Óêàçà Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè îò 11.06.97. “Îá îñíîâíûõ íàïðàâëåíèÿõ ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè”. \\ Ñîáð. çàêîí. ÐÔ. - 1997. - N 34. Ñò.3984. 20. Ïîñòàíîâëåíèå Ïðàâèòåëüñòâà ÐÔ N 266 îò 6.03.96. “Î íåêîòîðûõ ìåðàõ ïî ðåàëèçàöèè ÔÇ “Îá îáùèõ ïðèíöèïàõ îðãàíèçàöèè ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè “. // Ñîáð. çàêîí. ÐÔ. - 1996. 409 - 12. Ñò.1139. 21. Ïîñòàíîâëåíèå Ïðàâèòåëüñòâà ÐÔ N 1251 îò 27.12.95 “Î ôåäåðàëüíîé ïðîãðàììå ãîñóäàðñòâåííîé ïîääåðæêè ìåñòíîãî ñàìîóïðàâëåíèÿ”. // Ñîáð. çàêîí. ÐÔ. - 1996. - N 2. Ñò. 121. 22. Ïîñòàíîâëåíèå Ïðàâèòåëüñòâà ÐÔ N 65 îò 19.01.98. «Î ôåäåðàëüíîì ðååñòðå ìóíèöèïàëüíûõ îáðàçîâàíèé â Ðîññèéñêîé Ôåäåðàöèè» // Ñîáð. Çàêîí. ÐÔ. – 1998. – N 4. Ñò.486. 23. Ïîñòàíîâëåíèå Ïðàâèòåëüñòâà ÐÔ N 1023 îò 15.08.97. “Î Ñîâåòå ðóêîâîäèòåëåé îðãàíîâ ìåñòíîãî ñàìîóïðàâëåíèÿ ïî ïðîáëåìàì ñîöèàëüíî- ýêîíîìè÷åñêîé ðåôîðìû ïðè Ïðàâèòåëüñòâå Ðîññèéñêîé Ôåäåðàöèè” // Ñîáð. çàêîí. ÐÔ. - 1997. - N 34. Ñò. 3978.

Acts of International Law

1. Åâðîïåéñêàÿ Õàðòèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ // Ñáîðíèê Çàêîíîäàòåëüñòâà ÐÔ . - 1998. - N 36. - ñò. 4466. 2. Ïîñòàíîâëåíèå Ìåæïàðëàìåíòñêîé Àññàìáëåè ãîñóäàðñòâ - ó÷àñòíèêîâ Ñîäðóæåñòâà Íåçàâèñèìûõ Ãîñóäàðñòâ îò 29 îêòÿáðÿ 1994 ãîäà “Î ïðèíöèïàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â ãîñóäàðñòâàõ - ó÷àñòíèêàõ ñîäðóæåñòâà” + Äåêëàðàöèÿ “Î ïðèíöèïàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â ãîñóäàðñòâàõ - ó÷àñòíèêàõ ñîäðóæåñòâà” // Èíôîðìàöèîííûé Áþëëåòåíü Ìåæïàðëàìåíòñêîé àññàìáëåè ãîñóäàðñòâ - ó÷àñòíèêîâ ÑÍÃ, 1995. - N 6. 3. Àâñòðèéñêàÿ ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1985. 4. Àëæèðñêàÿ Íàðîäíàÿ Äåìîêðàòè÷åñêàÿ Ðåñïóáëèêà. Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1983. 5. Èñïàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1982. 6. Êîíñòèòóöèè ãîñóäàðñòâ Âîñòî÷íîé Åâðîïû. Ó÷åáíîå è ñïðàâî÷íîå ïîñîáèå. Îòâ. ðåäàêòîð – äîêòîð þðèäè÷. íàóê Ä. À. Êîâà÷åâ. – Ì.: Èçäàòåëüñêàÿ ãðóïïà ÈÍÔÐÀ.Ì – Íîðìà, 1996. 7. Êîíñòèòóöèè åâðîïåéñêèõ ãîñóäàðñòâ. – Åð.: Èçä. «Ìõèòàð Ãîø». – 1998. 8. Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ. Àìåðèêàíñêèé êîíòèíåíò. – Åðåâàí: Èçäàòåëüñòâî «Ìõèòàð Ãîø». – 1998. 9. Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: ÑØÀ, Âåëèêîáðèòàíèÿ, 410 Ôðàíöèÿ, Ãåðìàíèÿ, Èòàëèÿ, ßïîíèÿ, Êàíàäà. – Ì.: ÁÅÊ, 1996. 10. Êîíñòèòóöèè çàðóáåæíûõ ãîñóäàðñòâ: Ó÷åáíîå ïîñîáèå / Ñîñò. Ïðîô. Â. Â. Ìàêëàêîâ – 2-å èçä., è äîï. – Ì.: Èçäàòåëüñòâî ÁÅÊ. 1997. 11. Êîíñòèòóöèè ñòðàí – ÷ëåíîâ ÑÍÃ. Ñáîðíèê äîêóìåíòîâ; - Åðåâàí: Èçä. «Ìõèòàð Ãîø». – 1997. 12. Êîíñòèòóöèÿ Áåëüãèè. – Åêàòåðèíáóðã: Èçäàòåëüñòâî Óðàëüñêîé ÃÞÀ, 1998. 13. Êîíñòèòóöèÿ Ðåñïóáëèêè Áîëãàðèÿ // Íîâûå êîíñòèòóöèè ñòðàí Âîñòî÷íîé Åâðîïû è Àçèè. Ì., 1996. 14. Êîíñòèòóöèÿ Ôåäåðàòèâíîé Ðåñïóáëèêè Áðàçèëèÿ // Ïðàâî è æèçíü. 1998. ¹ 16. 15. Êîíñòèòóöèÿ ×åøñêîé Ðåñïóáëèêè // Íîâûå êîíñòèòóöèè ñòðàí Âîñòî÷íîé Åâðîïû è Àçèè. Ì., 1996. 16. Êîíñòèòóöèÿ Øâåöèè: Ïåð. ñî øâåä. – Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà, 1981. 17. Ìåêñèêàíñêèå Ñîåäèí¸ííûå Øòàòû: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1986. 18. Íîâûå êîíñòèòóöèè ñòðàí ÑÍÃ è Áàëòèè. Ñá. äîêóìåíòîâ. Âûïóñê ¹ 2. – Ì.: Ìàíóñêðèïò-Þðàéò, 1998. 19. Ïîðòóãàëèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1979. 20. Ôåäåðàòèâíàÿ Ðåñïóáëèêà Ãåðìàíèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1991. 21. Ôðàíöóçñêàÿ Ðåñïóáëèêà: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1989. 22. Øâåöèÿ: Êîíñòèòóöèÿ è çàêîíîäàòåëüíûå àêòû. Ì., 1983. 23. Þðèäè÷åñêèå è ìàòåðèàëüíûå ñðåäñòâà àäìèíèñòðàòèâíîé äåÿòåëüíîñòè âî Ôðàíöèè. – Ì., 1994.

Textbooks and Teaching Materials on the Issues of Local Self-Government in Foreign Countries

1. Àâäååíêîâà Ì., Äìèòðèåâ Þ. Ïðèíöèïû èçáèðàòåëüíîãî ïðàâà //Ïðàâî è æèçíü. 2000. ¹ 28. Ñ. 84-99. 2. Àâòîíîìîâ À. Ñ. Ïðàâîâîå ðåãóëèðîâàíèå ïàðëàìåíòñêèõ âûáîðîâ â Áîñíèè è Ãåðöåãîâèíå // Ïðåäñòàâèòåëüíàÿ âëàñòü: ìîíèòîðèíã, àíàëèç, èíôîðìàöèÿ. 1999. ¹ 1-6. 3. Àäìèíèñòðàòèâíîå ïðàâî çàðóáåæíûõ ñòðàí. Ó÷åáíîå ïîñîáèå. – Ì.:

411 Èçäàòåëüñòâî «Ñïàðê», 1996. 4. Àëåêñàíäðîâà Ç. Ê. Îñíîâû êîíñòèòóöèîííîãî ïðàâà Áîëãàðèè, Ïîëüøè è ÊÍÐ: Ó÷åáíîå ïîñîáèå. – Åêàòåðèíáóðã: Èçä-âî Óð.ÃÞÀ, 1999. 5. Àëüôåð Ñ. À. Èçáèðàòåëüíûå êîìèññèè: ñèñòåìà, ïðàâîâîé ñòàòóñ, ïîðÿäîê ôîðìèðîâàíèÿ. Ìèíñê, 2001. 6. Àðäàí Ô. Ôðàíöèÿ: ãîñóäàðñòâåííàÿ ñèñòåìà. – Ì., 1994. 7. Áàáóðèí Ñ. Í. Òåððèòîðèÿ ãîñóäàðñòâà: ïðàâîâûå è ãåîïîëèòè÷åñêèå ïðîáëåìû. – Ì.: Èçä-âî Ìîñêîâñêîãî óíèâåðñèòåòà, 1997. 8. Áàðàí÷èêîâ Â. À. Ìóíèöèïàëüíûå îðãàíû Âåëèêîáðèòàíèè. Ì., 1990. 9. Áîãäàíîâà Í. À. Ñèñòåìà íàóêè êîíñòèòóöèîííîãî ïðàâà. – Ì.: Þðèñòú, 2001. 10. Áîéöîâà Â. Â. Ñëóæáà çàùèòû ïðàâ ÷åëîâåêà è ãðàæäàíèíà. Ìèðîâîé îïûò. – Ì.: Èçäàòåëüñòâî ÁÅÊ, 1996. 11. Áîéöîâà Â. Â., Áîéöîâà Ë. Â. Ãðàììàòèêà ñâîáîäû: Êîíñòèòóöèîííîå ïðàâî Ðîññèè è çàðóáåæíûõ ñòðàí (àíãëîñàêñîíñêàÿ, êîíòèíåíòàëüíàÿ è èíûå ïðàâîâûå ñèñòåìû). Ó÷åáíûå è íàó÷íî-èíôîðìàöèîííûå ìàòåðèàëû. Äëÿ ïðåïîäàâàòåëåé è ó÷¸íûõ, àñïèðàíòîâ è ñòóäåíòîâ þðèäè÷åñêèõ âóçîâ è ôàêóëüòåòîâ. Ì.: Èçäàòåëüñêàÿ ãðóïïà «Þðèñò», 2001. 12. Áîéöîâà Â. Â., Áîéöîâà Ë. Â. Ïîëèòè÷åñêàÿ íåéòðàëüíîñòü ãîñóäàðñòâåííûõ ñëóæàùèõ â Àíãëèè // Ãîñóäàðñòâî è ïðàâî. 1992. ¹ 9. 13. Áîéöîâà Ë. Â., Áîéöîâà Â. Â. Êîíñòèòóöèîííîå ïðàâî Ðîññèè è çàðóáåæíûõ ñòðàí â ñðàâíèòåëüíîé ïåðñïåêòèâå. Ì., 2000. 14. Âàñèëåâè÷ Ã. À. Íîðìàòèâíûå àêòû ãîñóäàðñòâåííûõ îðãàíîâ Ðåñïóáëèêè Áåëàðóñü. Ìèíñê, 2001. 15. Âàñèëüåâà Ò. À. Ïðàâîâîå ïîëîæåíèå îáëàñòåé ñ îáû÷íûì ñòàòóñîì â Èòàëüÿíñêîé Ðåñïóáëèêå // Ñîâåòñêîå ãîñóäàðñòâî è ïðàâî. 1983. ¹ 5. 16. Âåñåëîâñêèé Á.Á. Çåìñòâî è çåìñêàÿ ðåôîðìà. Ïåòðîãðàä, 1918 ã. 17. Âåøíÿêîâ À. À. Èçáèðàòåëüíûå ñòàíäàðòû â ìåæäóíàðîäíîì ïðàâå è èõ ðåàëèçàöèÿ â çàêîíîäàòåëüñòâå Ðîññèéñêîé Ôåäåðàöèè. Ì., 1997. 18. Ãàðíåð Ä. Âåëèêîáðèòàíèÿ: öåíòðàëüíîå è ìåñòíîå ñàìîóïðàâëåíèå.– Ì., 1984. 19. Ãåîãðàôè÷åñêèé ñïðàâî÷íèê ÖÐÓ. Åêàòåðèíáóðã: Ó-Ôàêòîðèÿ, 2004. 412 20. Ãîáîçîâ È. À. Ôèëîñîôèÿ ïîëèòèêè. – 2-å èçä., ïåðåðàáàáîòàííîå è äîïîëíåííîå – Ì.: ÒÅÈÑ, 2002. 21. Ãîìåðîâ È. Í. Ãîñóäàðñòâî è ãîñóäàðñòâåííàÿ âëàñòü: ïðåäïîñûëêè, îñîáåííîñòè, ñòðóêòóðà. – Ì.: ÎÎÎ «Èçäàòåëüñòâî ÞÊÝÀ», 2002. 22. Ãîñóäàðñòâåííàÿ ñëóæáà âî Ôðàíöèè. – Ì., 1993. 23. Ãîñóäàðñòâåííàÿ ñëóæáà. Îáùèå âîïðîñû. Çàðóáåæíûé îïûò. Âûïóñê ¹1. – Ì., 1994. 24. Ãîñóäàðñòâåííûé ñòðîé Êèòàéñêîé Íàðîäíîé Ðåñïóáëèêè. – Ì., 1988. 25. Ãîñóäàðñòâî è ïðàâî íà ðóáåæå âåêîâ (ìàòåðèàëû âñåðîññèéñêîé êîíôåðåíöèè). Êîíñòèòóöèîííîå è àäìèíèñòðàòèâíîå ïðàâî. Ìîñêâà, 2000 ã. 26. Ãóáàíîâ À. Â. Ïîëèöèÿ çàðóáåæíûõ ñòðàí. Îðãàíèçàöèîííî-ïðàâîâûå îñíîâû, ñòðàòåãèÿ è òàêòèêà äåÿòåëüíîñòè. – Ì.: ÌÀÝÏ, 1999. 27. Äàâèä Ð., Æîôôðå-Ñïèíîçè Ê. Îñíîâíûå ïðàâîâûå ñèñòåìû ñîâðåìåííîñòè: Ïåð. ñ ôðàíöóçñêîãî Â. À. Òóìàíîâà. – Ì.: Ìåæäóíàðîäíûå îòíîøåíèÿ, 1999. 28. Äåïóòàò ïàðëàìåíòà â çàðóáåæíûõ ãîñóäàðñòâàõ. Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà, 1995. 29. Åâäîêèìîâ Â. Á., Ñòàðöåâ ß. Þ. Ìåñòíûå îðãàíû âëàñòè çàðóáåæíûõ ñòðàí: ïðàâîâûå àñïåêòû. – Ì.: Ñïàðê, 2001. 30. Åãîðîâ Ê. À. Ãîñóäàðñòâåííûé àïïàðàò ÊÍÐ. – Ì., 1982. 31. Åð¸ìèí Â. Í. Ïîëèòè÷åñêàÿ ñèñòåìà ñîâðåìåííîãî ÿïîíñêîãî îáùåñòâà. – Ì., 1992. 32. Æóðíàëû çàñåäàíèé Âðåìåííîãî Ïðàâèòåëüñòâà ¹ 101-103, èþíü 1917 ã. Ñ. 1. ÃÀ ÐÔ. 33. Çàðóáåæíîå èçáèðàòåëüíîå ïðàâî: Ó÷åáíîå ïîñîáèå. – Èçäàòåëüñòâî ÍÎÐÌÀ, 2003. 34. Èçáèðàòåëüíûå ñèñòåìû è íàáëþäåíèå çà âûáîðàìè: Êðàòêèé îáçîð. Ì., 1995. 35. Èçáèðàòåëüíûé êîäåêñ Ðåñïóáëèêè Áåëàðóñü // Çâÿçäà. 2000. 12 ëiïåíÿ. 36. Èíîñòðàííîå êîíñòèòóöèîííîå ïðàâî / Ïîä ðåäàêöèåé ïðîô. Â. Â. Ìàêëàêîâà. – Ì.: Þðèñòú, 1996. 37. Èñòîðèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèè. Ì.Ãîðíûé. Ñàíêò- Ïåòåðáóðã. 1997ã. 413 38. Êàñûíþê Ë. À. Îñíîâû êîíñòèòóöèîííîãî ïðàâà Óêðàèíû. – Õ.: ÎÎÎ «Îäèññåé», 1998. 39. Êîëà Äîìèíèê. Ïîëèòè÷åñêàÿ ñîöèîëîãèÿ / Ïåð. ñ ôð.; Ïðåäèñë. À. Á. Ãîôìàíà. – Ì.: Èçäàòåëüñòâî «Âåñü Ìèð», «ÈÍÔÐÀ-Ì», 2001. 40. Êîíñòèòóöèîííîå (ãîñóäàðñòâåííîå) ïðàâî çàðóáåæíûõ ñòðàí: Ó÷åáíèê / Îòâ. ðåä. Á. À. Ñòðàøóí. 2-å èçä., èñïð. È äîï. Ò. 1 – 2: Îáùàÿ ÷àñòü. – Ì.: ÁÅÊ, 1996. 41. Êîíñòèòóöèîííîå (ãîñóäàðñòâåííîå) ïðàâî çàðóáåæíûõ ñòðàí: Ó÷åáíèê / Îòâ. ðåä. Á. À. Ñòðàøóí. Ò. 3: Îñîáåííàÿ ÷àñòü. Ñòðàíû Åâðîïû. – Ì.: ÁÅÊ, 1997. 42. Êîíñòèòóöèîííîå (ãîñóäàðñòâåííîå) ïðàâî: Ñïðàâî÷íèê. – Ì.: Þðèñòú, 2000. 43. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí (êîíñïåêò ëåêöèé â ñõåìàõ). – Ì.: «Èçäàòåëüñòâî ÏÐÈÎÐ», 2001. 44. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí (êóðñ ëåêöèé). – Ì.: «Èçäàòåëüñòâî ÏÐÈÎÐ», 1999. 45. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí: Ó÷åá. / Ïîä ðåä. Ì. Â. Áàãëàÿ, Þ. È. Ëåéáî, Ë. Ì. Ýíòèíà. Ì., 1999. 46. Êîíòðîëü çà äåÿòåëüíîñòüþ ãîñóäàðñòâåííîé àäìèíèñòðàöèè âî Ôðàíöèè. – Ì., 1994. 47. Ëàïòåâà Ë.Å. Çåìñêèå ó÷ðåæäåíèÿ â Ðîññèè. Ì.: 1993 ã. 48. Ëóêàø¸â À. Â., Ïîíèäåëêî À. Â. «×¸ðíûé ÐR» êàê ñïîñîá îâëàäåíèÿ âëàñòüþ èëè áîðüáà äëÿ èìèäæìåéêåðà. 2-å èçä. – ÑÏá.: Èçä. äîì «Áèçíåñ- ïðåññà», 2001. 49. Ìàêàðîâ À. À. Ïîëèòè÷åñêàÿ âëàñòü â ßïîíèè. Ìåõàíèçì ôóíêöèîíèðîâàíèÿ íà ñîâðåìåííîì ýòàïå. – Ì., 1989. 50. Ìàêëàêîâ Â. Â. Èçáèðàòåëüíîå ïðàâî ñòðàí-÷ëåíîâ Åâðîïåéñêèõ ñîîáùåñòâ: Ñïðàâî÷íèê. Ì., 1992. 51. Ìàëåâè÷ È. À. Âíèìàíèå, Êèòàé. – Ìí.: Õàðâåñò, Ì.: ÎÎÎ «Èçäàòåëüñòâî ÀÑÒ», 2001. 52. Ìàòåðèàëû Öåíòðà ôèñêàëüíîé ïîëèòèêè. 2000 - 2002 ãîäû. 53. Ìåñòíàÿ àäìèíèñòðàöèÿ - ïîëíîìî÷èÿ, ñòðóêòóðà îòíîøåíèÿ ñ äðóãèìè îðãàíàìè âëàñòè â ñîîòâåòñòâèè ñ Êîíñòèòóöèåé ÑØÀ. National democratic institute for international affars, 1992ã. 54. Ìåñòíîå ñàìîóïðàâëåíèå â Ãåðìàíèè (Ãåðìàíñêèé Ôîíä ìåæäóíàðîäíîãî ïðàâîâîãî ñîòðóäíè÷åñòâà). – Ì., 1996. 414 55. Ìèøèí À. À. Êîíñòèòóöèîííîå (ãîñóäàðñòâåííîå) ïðàâî çàðóáåæíûõ ñòðàí: Ó÷åáíèê. – Ì.: Áåëûå àëüâû, 1996. 56. Ìîãóíîâà Ì. À. Ñêàíäèíàâñêèé ïàðëàìåíòàðèçì. Òåîðèÿ è ïðàêòèêà. Ì., 2001. 57. Ìóíèöèïàëüíàÿ ìèëèöèÿ: ïðîáëåìû îðãàíèçàöèè è ïðàâîâîãî îáåñïå÷åíèÿ, çàðóáåæíûé îïûò. Ì., 1991. 58. Ìþëëåðñîí Ð. À. Ïðàâà ÷åëîâåêà: èäåè, íîðìû, ðåàëüíîñòü. – Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà, 1991. 59. Îáùàÿ òåîðèÿ ïðàâ ÷åëîâåêà. Ðóêîâîäèòåëü àâòîðñêîãî êîëëåêòèâà è îòâåòñòâåííûé ðåäàêòîð äîêòîð þðèäè÷åñêèõ íàóê Å. À. Ëóêàø¸âà. – Ì.: Èçäàòåëüñòâî ÍÎÐÌÀ, 1996. 60. Îðãàíû âëàñòè øòàòîâ è ìåñòíûå îðãàíû óïðàâëåíèÿ â ÑØÀ. – Ì., 1990. 61. Îñàâåëþê À. Ì. Âñïîìîãàòåëüíûå ãîñóäàðñòâåííûå îðãàíû çàðóáåæíûõ ñòðàí: êîíñòèòóöèîííî-ïðàâîâîé àñïåêò. – Ì.: Þðèñòú, 1998. 62. Î÷åðêè êîíñòèòóöèîííîãî ïðàâà èíîñòðàííûõ ãîñóäàðñòâ: Ó÷åáíîå è íàó÷íî-ïðàêòè÷åñêîå ïîñîáèå / Îòâ. ðåä. Ä. À. Êîâà÷åâ. – Ì.: Ñïàðê, 1999. 63. Ïîëèòè÷åñêàÿ ñîöèîëîãèÿ: Ó÷åáíèê äëÿ âóçîâ / Ïîä ðåä. ÷ë. – êîðð. ÐÀÍ Æ. Ò. Òîùåíêî. – Ì.: ÞÍÈÒÈ-ÄÀÍÀ, 2002. 64. Ïðàâèòåëüñòâî, ìèíèñòåðñòâà è âåäîìñòâà â çàðóáåæíûõ ñòðàíàõ. – Ì., 1994. 65. Ïðàâî Åâðîïåéñêîãî Ñîþçà: Ó÷åáíèê äëÿ âóçîâ / Ïîä ðåä. Ñ. Þ. Êàøêèíà. – Ì.: Þðèñòú, 2002. 66. Ñàõàðîâ Í. À. Èíñòèòóò ïðåçèäåíòñòâà â ñîâðåìåííîì ìèðå. Ì.: Þðèä. ëèò. 1994. 67. Ñðàâíèòåëüíîå êîíñòèòóöèîííîå ïðàâî. – Ì.: Ìàíóñêðèïò, 1996. 68. Ñòðóêòóðà è ðîëü Ãîñóäàðñòâåííîãî ñîâåòà âî Ôðàíöèè. – Ì., 1994. 69. Ñþêèÿéíåí Ë. Ð. Ãîñóäàðñòâåííûé ñòðîé. Ñóäåáíàÿ ñèñòåìà // Àðàáñêàÿ Ðåñïóáëèêà Åãèïåò. Ñïðàâî÷íèê. – Ì., 1990. 70. Òåîðèÿ êîìïåòåíöèè / Þ. À. Òèõîìèðîâ. – Ì.: 2001. 71. Òîïîðíèí Á. Í. Åâðîïåéñêîå ïðàâî: Ó÷åáíèê. – Ì.: Þðèñòú, 1998. 72. Ôåäåðàëèçì: òåîðèÿ è èñòîðèÿ ðàçâèòèÿ (ñðàâíèòåëüíî-ïðàâîâîé àíàëèç): Ó÷åá. ïîñîáèå / Îòâ. ðåä. Ì. Í. Ìàð÷åíêî. – Ì.: Þðèñòú, 2000. 415 73. Ôåäåðàëèçì: òåîðèÿ, èíñòèòóòû, îòíîøåíèÿ (ñðàâíèòåëüíî-ïðàâîâîå èññëåäîâàíèå) / Îòâ. ðåä. Á. Í. Òîïîðíèí. – Ì.: Þðèñòú, 2001. 74. Ôåäåðàöèÿ â çàðóáåæíûõ ñòðàíàõ. – Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà 1993. 75. Õàìàíåâà Í. Þ. Óïîëíîìî÷åííûé ïî ïðàâàì ÷åëîâåêà – çàùèòíèê ïðàâ ãðàæäàí. Èíñòèòóò ãîñóäàðñòâà è ïðàâà ÐÀÍ. Ì, 1998. 76. Õàðëîô Ý. Ìåñòíûå îðãàíû âëàñòè â Åâðîïå. – Ì., 1992. 77. Õàðëîô. Ý. (The structure of local government in Europe). Ïåðåâîä ñ àíãëèéñêîãî Â.È. Êàìûøàíîâà, Ì., “Ôèíàíñû è ñòàòèñòèêà”, 1992ã. 78. Õà÷èì Ô. È. Êîíñòèòóöèîííîå ïðàâî ñòðàí Áëèæíåãî Âîñòîêà (Èðàí, Åãèïåò, Èçðàèëü, ÎÀÝ, Èðàê). – Ì.: Èçä-âî ÐÓÄÍ, 2001. 79. Öóíýî Èíàêî. Ñîâðåìåííîå ïðàâî ßïîíèè. – Ì., 1981. 80. ×èðêèí Â. Å. Ãîñóäàðñòâåííîå óïðàâëåíèå. Ýëåìåíòàðíûé êóðñ. – Ì.: Þðèñò, 2001. 81. ×èðêèí Â. Å. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí. Ïðàêòèêóì. – Ì.: Þðèñòú, 1999. 82. ×èðêèí Â. Å. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí: Ó÷åáíèê.– Ì., 1997. 83. ×óäàêîâ Ì. Ô. Êîíñòèòóöèîííîå ãîñóäàðñòâåííîå ïðàâî çàðóáåæíûõ ñòðàí. ÌÍ.: Õàðâåñò, 1998. 84. Øàìõàëîâ Ôåëèêñ. Òåîðèÿ ãîñóäàðñòâåííîãî óïðàâëåíèÿ / Ôåëèêñ Øàìõàëîâ. – Ì.: ÇÀÎ «Èçäàòåëüñòâî «Ýêîíîìèêà», 2002. 85. Øòàòèíà Ì. À. Ìåñòíîå óïðàâëåíèå â çàðóáåæíûõ ñòðàíàõ (Âåëèêîáðèòàíèÿ, ÑØÀ, Ôðàíöèÿ, ñòðàíû Ëàòèíñêîé Àìåðèêè). – Ì., 1994. 86. Ýíòèí Ë. Ì. Ðàçäåëåíèå âëàñòåé: îïûò ñîâðåìåííûõ ãîñóäàðñòâ. ÌÃÈÌÎ. Ì., 1995. 87. Ýíöèêëîïåäè÷åñêèé ñëîâàðü «ÐÎÑÑÈß». Èçäàòåëè Ô.À.Áðîêãàóç è È.À. Åôðîí. Ñ.-Ïåòåðáóðã. 1898ã. 88. ßêóøåâ À. Â. Êîíñòèòóöèîííîå ïðàâî çàðóáåæíûõ ñòðàí. Îáùàÿ ÷àñòü. Îñîáåííàÿ ÷àñòü (50 ãîñóäàðñòâ). Êîíñïåêò ëåêöèé. – Ì.: Ïðèîð- èçäàò, 2004.

The Works of a More General Nature

416 1. Àëåõèí À.Ï. è äð. Àäìèíèñòðàòèâíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åáíèê. - Ì.: Çåðöàëî, 1997. 2. Àíèìèöà Å.Ã., Òåðòûøíûé À.Ò. Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ: Ó÷åáíèê. – Ì.: ÈÍÔÐÀ-Ì, 2000. 3. Áàãëàé Ì.Â. Êîíñòèòóöèîííîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åáíèê. -Ì.: Èçäàòåëüñêàÿ ãðóïïà ÍÎÐÌÀ - ÈÍÔÐÀ-Ì, 1998. 4. Âàñèëüåâ Â.È. Ìåñòíîå ñàìîóïðàâëåíèå: Ó÷åáíîå è íàó÷íî- ïðàêòè÷åñêîå ïîñîáèå. – Ì.: 1999. 5. Âàñþòèí Þ.Ñ. Ïðîôåññèîíàëüíîå îáðàçîâàíèå êàäðîâ ãîñóäàðñòâåííîé ñëóæáû è ìåñòíîãî ñàìîóïðàâëåíèÿ. Îðåë: ÎÐÀÃÑ, 1998. 6. Âåëèõîâ Ë.À. Îñíîâû ãîðîäñêîãî õîçÿéñòâà: Îáùåå ó÷åíèå î ãîðîäå, åãî óïðàâëåíèè, ôèíàíñàõ è ìåòîäàõ õîçÿéñòâà. - Ðåïðèíòíîå èçäàíèå 1928 ã. - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, - 1995. 7. Âûäðèí È.Â., Êîêîòîâ À.È. Ìóíèöèïàëüíîå ïðàâî Ðîññèè: Ó÷åáíèê äëÿ âóçîâ. – Ì.: Èçäàòåëüñêàÿ ãðóïïà ÍÎÐÌÀ – ÈÍÔÐÀ-Ì, 1999. 8. Ãîâîðåíêîâà Ò.Ì. ×èòàåì Âåëèõîâà âìåñòå. – Ì.: «Ìóíèöèïàëüíàÿ âëàñòü», 1999. 9. Ãîðîä êàê ñàìîîðãàíèçóþùàÿ ñèñòåìà: Ñáîðíèê ìàòåðèàëîâ/ Ñîñòàâèòåëü Þ.Â. Êèðèëëîâ - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ. – 1997. 10. Ãîñóäàðñòâåííàÿ âëàñòü è ìåñòíîå ñàìîóïðàâëåíèå: ýôôåêòèâíîñòü è îòâåòñòâåííîñòü (íà ïðèìåðå Ñåâåðî-Êàâêàçñêîãî ðåãèîíà)– Ðîñòîâ-íà- Äîíó, ÑÊÀÃÑ, 1998. 11. Ãîñóäàðñòâåííàÿ ñëóæáà è îáùåñòâî: Ñáîðíèê òåçèñîâ èòîãîâîé íàó÷íî-ìåòîäè÷åñêîé êîíôåðåíöèè ÑÇÀÃÑ. – Ñ-Ïá.: Èçäàòåëüñòâî ÑÇÀÃÑ, 2000. 12. Ãîñóäàðñòâåííîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åáíèê/ Ïîä ðåä. Î.Å. Êóòàôèíà. - Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà, 1996. 13. Ãðèáàíîâà Ã.È. Ìåñòíîå óïðàâëåíèå â äåìîêðàòè÷åñêîì ãîñóäàðñòâå: Îáùèå ïðèíöèïû è ïîäõîäû: Íàó÷íûé äîêëàä. - Ñûêòûâêàð, 1994. 14. Äåìüÿíåíêî À.Í., Îáóøåíêîâ À.Ë. Ìóíèöèïàëüíîå óïðàâëåíèå: Ó÷åáíîå ïîñîáèå. – Õàáàðîâñê–Íèæíèé Íîâãîðîä, 1998. 15. Äûëüíîâ Ã.Â., Àíèêèí À.Ñ. Ìåòîäîëîãè÷åñêèå àñïåêòû èññëåäîâàíèÿ ìåñòíîãî ñàìîóïðàâëåíèÿ êàê ñîöèàëüíîãî èíñòèòóòà. // ×åëîâåê è îáùåñòâî: Ìàòåðèàëû ìåæäóíàðîäíîé íàó÷íî-ïðàêòè÷åñêîé êîíôåðåíöèè. Âûïóñê 3, Ñ-Ïá.,1997. 417 16. Çàìîòàåâ À.À. Ìåñòíîå ñàìîóïðàâëåíèå: îñíîâíûå ïîíÿòèÿ è òåðìèíû. Êîììåíòàðèè ê îòäåëüíûì íîðìàì ôåäåðàëüíîãî çàêîíîäàòåëüñòâà – Ì.: «Ìóíèöèïàëüíàÿ âëàñòü», 1999. 17. Çâåðèíöåâ À.Â., Ãîðñêèé Þ.È. Ìàññîâàÿ êîììóíèêàöèÿ â ñèñòåìå ìåñòíîãî ñàìîóïðàâëåíèÿ: Ó÷åá. ïîñîáèå / ÑÇÀÃÑ – Ñ-Ïá., 1997. 18. Çèíîâüåâ À.Â. Êîíñòèòóöèîííîå ïðàâî Ðîññèè: ïðîáëåìû òåîðèè è ïðàêòèêè. – Ìîñêâà-Ñ-Ïá.: «Ãåðäà», 2000. 19. Èâàíîâà Â.Í. Ìåñòíîå ñàìîóïðàâëåíèå: ïðîáëåìû òåîðèè è ïðàêòèêè / Ñ-Ïá.: Èçä-âî Ñ-ÏáÃÓ, 1995. 20. Èãíàòîâ Â.Ã., Áóòîâ Â.È. Çàðóáåæíûé îïûò ìåñòíîãî ñàìîóïðàâëåíèÿ è ðîññèéñêàÿ ïðàêòèêà: Ó÷åáíîå ïîñîáèå. - Ì.: Ðîñòîâ, 1999. 21. Èãíàòîâ Â.Ã., Áóòîâ Â.È., Èãíàòîâ Â.Ã. Ñòàíîâëåíèå ãîñóäàðñòâåííîãî è ìóíèöèïàëüíîãî ïðàâëåíèÿ â ñîâðåìåííîé Ðîññèè (1990-å ãîäû). – Ðîñòîâ- íà-Äîíó: ÑÊÀÃÑ, 1998. 22. Êàçàí÷åâ Þ.Ä., Ïèñàðåâ À.È. Ìóíèöèïàëüíîå ïðàâî: Ó÷åáíèê. - È.: Íîâûé Þðèñò, 1998. 23. Êîãóò À.Å. Ñèñòåìà ìåñòíîãî ñàìîóïðàâëåíèÿ. Îñíîâû ðàçðàáîòêè è ïðèìåíåíèÿ â ãîðîäàõ Ðîññèè / ÐÀÍ. Èíñòèòóò Ñîöèàëüíî-ýêîíîìè÷åñêèõ ïðîáëåì. – Ñ-Ïá., 1995. 24. Êîçëîâà Å.È., Êóòàôèí Î.Å. Êîíñòèòóöèîííîå ïðàâî Ðîññèè: Ó÷åáíèê. - Ì.: Þðèñòú, 1996. (Ïðîãðàììà: Îáíîâëåíèå ãóìàíèòàðíîãî îáðàçîâàíèÿ â Ðîññèè). 25. Êîðåííûå íàðîäû Ðîññèè: ñàìîóïðàâëåíèå, çåìëÿ è ïðèðîäíûå ðåñóðñû: îáçîð çàêîíîâ è èíûõ íîðìàòèâíûõ àêòîâ XIX-XX ââ. – Ì., Èçäàòåëüñòâî Ãîñóäàðñòâåííîé Äóìû, 1995. 26. Êóòàôèí Î.Å., Ôàäååâ Â.È. Ìóíèöèïàëüíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åáíèê. - Ì.: Þðèñòú, 1997. 27. Ìóíèöèïàëèòåòû è ýêîíîìè÷åñêîå ðàçâèòèå: Ñáîðíèê ìàòåðèàëîâ Îáíèíñê, 1997. 28. Ìóíèöèïàëüíàÿ ñëóæáà: Ñá. ìàòåðèàëîâ - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 29. Ìóíèöèïàëüíîå ïðàâî Ðîññèè: Ó÷åáíîå ïîñîáèå/ Ïîä ðåä. Í.À. Øåâåëåâîé. – Ñ-Ïá.: Èçä. ñëóæáà ÑÔÏÊ Ñ.Ï-á ÃÓ, 1998. 30. Ìóíèöèïàëüíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åáíèê / Ïîä ðåä. Þ.À. Äìèòðèåâà. - Ì.: Ìåòîäè÷åñêèé öåíòð ó÷åáíîé è ïðàêòè÷åñêîé ëèòåðàòóðû, 1999. 418 31. Ìóíèöèïàëüíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Õðåñòîìàòèÿ. // Ñîñò. Áåëîóñîâà Å.Â. - Ì.: Þðèñòú, 1999. 32. Ìóíèöèïàëüíîå óïðàâëåíèå. Áàçîâûå ó÷åáíûå ïëàíû è ïðîãðàììû. – Ìîñêâà – Í. Íîâãîðîä, 1998. 33. Ìóíèöèïàëüíûé ìåíåäæìåíò: Ó÷åá. ïîñîáèå/ Ïîä ðåä. Ò.Ã. Ìîðîçîâîé. - Ì.: Áàíêè è áèðæè, ÞÍÈÒÈ, 1997. 34. Îðãàíèçàöèîííî-ïðàâîâûå îñíîâû äåÿòåëüíîñòè îðãàíîâ ìåñòíîãî ñàìîóïðàâëåíèÿ. Ñá. - Ñàíêò-Ïåòåðáóðã - Êàëóãà, 1998. 35. Îðãàíèçàöèÿ ãîðîäñêîãî ñàìîóïðàâëåíèÿ: Ñáîðíèê ìàòåðèàëîâ/ Ïîä ðåä. À.Í. Øèðîêîâà. Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 36. Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ è ìóíèöèïàëüíîãî óïðàâëåíèÿ: Ó÷åáíîå ïîñîáèå. Â 2-õ ÷. - Ì.: ÐÈÖ “Ìóíèöèïàëüíàÿ âëàñòü”, 1999. 37. Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ. Â 3-õ ÷.: Ó÷åá. ïîñîáèå äëÿ ìóíèöèïàëüíûõ ñëóæàùèõ / Ïîä ðåä. Ñ.Â. Âîáëåíêî. - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1997. 38. Îñíîâû ìåñòíîé ñîöèàëüíî-ýêîíîìè÷åñêîé ïîëèòèêè: Ðåêîìåíäàöèè ïî ðàçðàáîòêå è ïðàêòè÷åñêîé ðåàëèçàöèè /Ïîä ðåä. À.Å.Êîãóòà.- ÑÏá.,1995. 39. Îñíîâû ïîëèòè÷åñêîé ñîöèîëîãèè: Ó÷åáíèê / Ïîä ðåä. Æ.Ò. Òîùåíêî. Ìîñêâà-Í. Íîâãîðîä: Èçä-âî Âîëãî-Âÿòñêîé àêàäåìèè ãîñóäàðñòâåííîé ñëóæáû, 1998. 40. Ïåðñïåêòèâû, ìåòîäû è ôîðìû ïîäãîòîâêè êàäðîâ äëÿ ñòðóêòóð ãîñóäàðñòâåííûõ îðãàíîâ âëàñòè è ìåñòíîãî ñàìîóïðàâëåíèÿ: Ñá. ìàòåðèàëîâ ìåæðåãèîíàëüíîé íàó÷íî-ïðàêòè÷åñêîé êîíôåðåíöèè 27-28 íîÿáðÿ 1997 ã./ ÐÀÃÑ ïðè Ïðåçèäåíòå ÐÔ. ÑÇÀÃÑ. – Ñ–Ïá., 1997. 41. Ïèêóëüêèí À.Â. Ñèñòåìà ãîñóäàðñòâåííîãî óïðàâëåíèÿ: Ó÷åáíèê / Ïîä ðåä. Ò.Ã. Ìîðîçîâîé. - Ì.: Çàêîí è ïðàâî, ÞÍÈÒÈ, 1997. 42. Ïèñàðåâ À.Í. Ìóíèöèïàëüíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Ó÷åá. ïîñîáèå / Îòâ. ðåä. Þ.Ä. Êàçàí÷åâà Ì.: Èçäàòåëüñòâî ÒÎÎ”Òðèàäà ËÒÄ”, 1997. 43. Ïëàíèðîâàíèå â ãîðîäñêîì ñàìîóïðàâëåíèè: Ñá. ìàòåðèàëîâ / Ñîñò. Þ.Â. Êèðèëëîâ. Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1997. 44. Ïîäãîòîâêà ìóíèöèïàëüíûõ ñëóæàùèõ: Ñá. ìàòåðèàëîâ / Ïîä ðåä. Þ.Â. Êèðèëëîâà.Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 45. Ïðîáëåìû ñîöèàëüíîãî óïðàâëåíèÿ: ìåòîäîëîãèÿ, òåîðèÿ, ïðàêòèêà. – Íèæíèé Íîâãîðîä, 1998. 419 46. Ïûëèí Â.Â. Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ: Ó÷åáíîå ïîñîáèå. Ñ-Ïá.: ÈÂÝÑÝÏ, 1998. 47. Ðåàëèçàöèÿ ïðèíöèïîâ ôåäåðàëèçìà (íà ïðèìåðå Ñåâåðíîãî Êàâêàçà). – Ðîñòîâ-íà-Äîíó: ÑÊÀÃÑ, 1997. 48. Ðåãèîíàëüíàÿ ãîñóäàðñòâåííàÿ ñëóæáà: ïðîáëåìû, îïûò, ñîöèîëîãè÷åñêèé àíàëèç / ÑÊÀÃÑ. - Ðîñòîâ-íà-Äîíó, 1996. 49. Ðåãèîíàëüíûå îñîáåííîñòè ìåñòíîãî ñàìîóïðàâëåíèÿ (âçàèìîäåéñòâèå òåîðèè è ïðàêòèêè). Ñáîðíèê íàó÷íûõ è ó÷åáíî-ìåòîäè÷åñêèõ òðóäîâ. – Ñ-Ïá.: «Îáðàçîâàíèå è êóëüòóðà», 1998. 50. Ñàìîóïðàâëåíèå â ñèñòåìå âëàñòè è óïðàâëåíèÿ. // Ðîññèÿ íà ïîðîãå ÕÕI âåêà: ïðîáëåìû ãîñóäàðñòâà, ýêîíîìèêè, ïîëèòèêè. – Ñ–Ïá, 1999. 51. Ñåëèâàíîâ Ë.È. Ñîöèàëüíàÿ âîñòðåáîâàííîñòü ìåñòíîãî ñàìîóïðàâëåíèÿ // ×åëîâåê è îáùåñòâî. Âûï.3 – Ñ–Ïá., 1997. 52. Ñòåïêèí Þ.Ï. Êðèçèñ öåíòðàëèçîâàííîé ñèñòåìû ìåñòíîãî ñàìîóïðàâëåíèÿ è ïóòè åå ðåôîðìèðîâàíèÿ // ×åëîâåê è îáùåñòâî. Âûï.3. – Ñ–Ïá., 1997. 53. Òåððèòîðèàëüíîå óïðàâëåíèå îáùåñòâåííûì ïðîèçâîäñòâîì: ñëîâàðü-ñïðàâî÷íèê. – Ì.: Çàêîí è ïðàâî, 1993. 54. Òèõîìèðîâ Þ.À. Ïðàâîâûå àêòû: Ó÷åáíî-ïðàêòè÷åñêîå è ñïðàâî÷íîå ïîñîáèå. – Ì., 1999. 55. Ôàäååâ Â.È. Ìóíèöèïàëüíîå ïðàâî ÐÔ / Îòâ. ðåä. Î.Å. Êóòàôèí. - Ì.: Þðèñòú, 1994. 56. Ôèíàíñèðîâàíèå ðàçâèòèÿ ìåñòíîãî õîçÿéñòâà: ìóíèöèïàëüíûé êðåäèò (Äåëîâàÿ èãðà). – Êðàñíîäàð, 1994. 57. Ôèíàíñîâîå ïðàâî: Ó÷åáíèê / Îòâ. ðåä. Ì.È. Õèìè÷åâà. - Ì.: Èçä-âî ÁÅÊ, 1995. 58. Öåíòðàëüíàÿ Ðîññèÿ íà ðóáåæå XXI âåêà. Òîì III. Äîêëàäû, ñîîáùåíèÿ è ñòàòüè ñåêöèè «Ìåñòíîå ñàìîóïðàâëåíèå». ÎÔ ÐÀÃÑ, «Èíôîðìàãðîòåêñ», 1996. 59. ×åðêàñîâ À.È. Ñðàâíèòåëüíîå ìåñòíîå óïðàâëåíèå: òåîðèÿ è ïðàêòèêà. - Ì.: Ôîðìó - ÈÍÔÐÀ-Ì, 1998. 60. ×åðíåíêî À.Ã. Îáùåðîññèéñêàÿ íàöèîíàëüíàÿ èäåîëîãèÿ è ðàçâèòèå ôåäåðàëèçìà â Ðîññèè. – Ñ–Ïá., ÀËÅÒÅÉß, 1999. 61. ×èðêèí Â.Å. Ãîñóäàðñòâîâåäåíèå: Ó÷åáíèê. – Ì.: Þðèñòú, 1999. 62. Øèðîêîâ À.Í. Çàêîíîäàòåëüíîå ðåãóëèðîâàíèå ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè. - Îáíèíñê: Èíñòèòóò ìóíèöèïàëüíîãî óïðàâëåíèÿ, 1996. 420 63. Øèðîêîâ À.Í. Ôåäåðàëüíîå çàêîíîäàòåëüñòâî Ðîññèè î ìåñòíîì ñàìîóïðàâëåíèè: Ó÷åáíîå ïîñîáèå. – Ñ-Ïá.: Âåñòè, 1996. 64. Øòèìïôë Ã., Øîëëåð Õ. Ìåñòíîå ñàìîóïðàâëåíèå: Ñïðàâî÷íèê. - Ìþíõåí, 1995. 65. Øóãðèíà Å.Ñ. Ìóíèöèïàëüíîå ïðàâî: Ó÷åáíèê. – Ì.: Äåëî, 1999. 66. Ýòíîñ è âëàñòü: ìåñòíîå ñàìîóïðàâëåíèå è ýòíè÷åñêèå êîíôëèêòû.×.1 è 2./Ïîä íàó÷íîé ðåäàêöèåé Ñ.È. Çàìîãèëüíîãî. - Ñàðàòîâ: Èçä-âî Ïîâîëæñêîé àêàäåìèè ãîñóäàðñòâåííîãî ñëóæáû. 1999. 67. ßñþíàñ Â.À.Îñíîâû ìåñòíîãî ñàìîóïðàâëåíèÿ: Ó÷åáíîå ïîñîáèå. Ì. 1998.

Legal Bases of Local Self-Government

1. Áàáóí Ð. Íîðìàòèâíî-ïðàâîâàÿ áàçà ãîðîäñêîãî ñàìîóïðàâëåíèÿ// Ãîðîäñêîå óïðàâëåíèå - 1997. - N 2. - Ñ. 16-18. 2. Áà÷èëî È.Ë. Ïðàâîâûå îñíîâû èíôîðìàòèçàöèè ðàçâèòèÿ ðåãèîíîâ è ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè. // Âåñòíèê ãîñóäàðñòâåííîé ñëóæáû. - 1993. - N 11. - Ñ. 24-30. 3. Áîáîâè÷ Ð. Ïðîáåë, åùå ïðîáåë…: Î äåéñòâóþùåì çàêîíîäàòåëüñòâå â ìåñòíîì ñàìîóïðàâëåíèè. // Ìóíèöèïàëüíàÿ âëàñòü. - 1999. - N 4-5. - Ñ. 24-26. 4. Âàñèëüåâ Â.È. Óñòàâû ìóíèöèïàëüíûõ îáðàçîâàíèé: Íîâîå â ìåñòíîì ñàìîóïðàâëåíèè. // Æóðíàë ðîññèéñêîãî ïðàâà. - 1999. - N 2. - Ñ. 20-21. 5. Âîáëåíêî Ñ. Î ìåõàíèçìå èñïîëíåíèÿ Ïîñòàíîâëåíèÿ Ïðàâèòåëüñòâà Ðîññèéñêîé Ôåäåðàöèè îò 115.08.97. N 1045 “Î ìåðàõ ïî ðåàëèçàöèè Óêàçà Ïðåçèäåíòà Ðîññèéñêîé Ôåäåðàöèè îò 11.06.97 N 568 “Îá îñíîâíûõ íàïðàâëåíèÿõ ðåôîðìû ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè” (àíàëèòè÷åñêàÿ çàïèñêà). // Ãîðîäñêîå óïðàâëåíèå. - 1998. - N 2. - Ñ. 52-59. 6. Ãåíèñàðåòñêèé Î. Íîðìàòèâíî-èíñòèòóöèîíàëüíàÿ áàçà ìåñòíîãî ñàìîóïðàâëåíèÿ. // Ãîðîäñêîå óïðàâëåíèå. - 1997. - N 9. - Ñ. 21-29. 7. Çàêëþ÷èòåëüíàÿ Äåêëàðàöèÿ ìåæäóíàðîäíîé êîíôåðåíöèè «ðîëü ìåñòíûõ îðãàíîâ âëàñòè â áîðüáå ñ ïðåñòóïíîñòüþ». // Ìóíèöèïàëüíàÿ âëàñòü. – 1999. – N 4. – Ñ. 44-45. 8. Çàêîíîäàòåëüíûé øëàãáàóì: Ñàìîóïðàâëåíèå âñå áîëåå óäàëÿåòñÿ îò ñâîåãî èäåàëà. // Ðîññèéñêàÿ Ôåäåðàöèÿ ñåãîäíÿ. - 1999. - N 19. 421 - Ñ. 29-30. 9. Çàìîòàåâ À. Ïðîòèâîðå÷èé íåò! Î ïðîáëåìå ñîîòâåòñòâèÿ íîðì ñò.12 Êîíñòèòóöèè Ðîññèéñêîé Ôåäåðàöèè òðåáîâàíèÿì Åâðîïåéñêîé Õàðòèè ìåñòíîãî ñàìîóïðàâëåíèÿ. // Ìóíèöèïàëüíàÿ âëàñòü. - 1999. - N 6. - Ñ. 22-24. 10. Çàìîòàåâ Ñ. Îñíîâíûå ïîíÿòèÿ è òåðìèíû ìåñòíîãî ñàìîóïðàâëåíèÿ (êîììåíòàðèè ê îòäåëüíûì íîðìàì ôåäåðàëüíîãî çàêîíîäàòåëüñòâà). // Ãîðîäñêîå óïðàâëåíèå. - 1997. - N 5. - Ñ. 16-25; N 6. - Ñ. 24-33. 11. Çàñåäàíèå Ñîâåòà ïî ìåñòíîìó ñàìîóïðàâëåíèþ â ÐÔ: Ìàòåðèàëû çàñåäàíèÿ. // Ãîðîäñêîå óïðàâëåíèå. – 1999. – N 8. – Ñ. 2-27. 12. Çâåêîâ Â. Ó÷àñòèå Ðîññèéñêîé Ôåäåðàöèè, ñóáúåêòîâ Ðîññèéñêîé Ôåäåðàöèè, ìóíèöèïàëüíûõ îáðàçîâàíèé â îòíîøåíèÿõ, ðåãóëèðóåìûõ ãðàæäàíñêèì çàêîíîäàòåëüñòâîì. // Õîçÿéñòâî è ïðàâî. - 1998. -N 5. Ñ. 13-19. 13. Èç ñóäåáíîé ïðàêòèêè: îïðåäåëåíèÿ Âåðõîâíîãî Ñóäà Ðîññèéñêîé Ôåäåðàöèè, êàñàþùèåñÿ êîíñòèòóöèîííûõ ïðàâ íàñåëåíèÿ íà ìåñòíîå ñàìîóïðàâëåíèå// Ãîñóäàðñòâî è ïðàâî - 1995. - N 7. - Ñ. 11-18. 14. Êîììåíòàðèé ãë.8 Êîíñòèòóöèè Ðîññèéñêîé Ôåäåðàöèè. Ìåñòíîå ñàìîóïðàâëåíèå. // Ïðàâî è ýêîíîìèêà. - 1995. - N 19-20. - Ñ. 5-10. 15. Êîíãðåññ ìóíèöèïàëüíûõ îáðàçîâàíèé Ðîññèéñêîé Ôåäåðàöèè: Ó÷ðåäèòåëüíûå äîêóìåíòû è ðåøåíèÿ. // Ãîðîäñêîå óïðàâëåíèå. – 1998. – N 12. – Ñ. 2-15. 16. Ìàòåðèàëû ê âîïðîñó îá îáåñïå÷åííîñòè ãàðàíòèé ðåàëèçàöèè ãîñóäàðñòâåííûõ ïîëíîìî÷èé îðãàíàìè ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè. // Ãîðîäñêîå óïðàâëåíèå. 1999. N 8. - Ñ. 61-75. 17. Ìàòåðèàëû ìåæäóíàðîäíîé íàó÷íî-ïðàêòè÷åñêîé êîíôåðåíöèè “Ïðîáëåìû ìåñòíîãî ñàìîóïðàâëåíèÿ â ãîñóäàðñòâàõ - ó÷àñòíèêàõ ÑÍÃ”// Âåñòíèê ÌÏÀ ÑÍÃ. - 1994. - N 3. - Ñ. 89-139. 18. Ìàòåþê Â.È. Ïðîåêòû êîäåêñîâ åùå íóæäàþòñÿ â äîðàáîòêå. // Ôèíàíñû. - 1997. - N 9. - Ñ. 11-13. 19. Ìåìîðàíäóì î ñîçäàíèè Êîíãðåññà ìóíèöèïàëüíûõ îáðàçîâàíèé Ðîññèéñêîé Ôåäåðàöèè. // Ìóíèöèïàëüíàÿ âëàñòü. – 1998. – N 2. – Ñ. 78-81. 20. Ìåñòíîå ñàìîóïðàâëåíèå â Ðîññèéñêîé Ôåäåðàöèè: Ñáîðíèê íîðìàòèâíûõ ïðàâîâûõ àêòîâ. - Ì.: Þðèäè÷åñêàÿ ëèòåðàòóðà. 1998. 21. Ìîäèí Í. Îòâåòñòâåííîñòü îðãàíîâ ìåñòíîãî ñàìîóïðàâëåíèÿ çà 422 íåïðàâîìåðíûå äåéñòâèÿ. // Ðîññèéñêàÿ þñòèöèÿ. - 2000. - N 1. - Ñ. 22-23. 22. Ìóíèöèïàëüíîå ïðàâî Ðîññèéñêîé Ôåäåðàöèè: Õðåñòîìàòèÿ. // Ñîñò. Áåëîóñîâà Å.Â. - Ì.: Þðèñòú, 1999. 23. Ìóðàòøèí Ô.Ð. Çàêîíîäàòåëüñòâî ñóáúåêòà Ôåäåðàöèè - ðåàëüíîñòü, òðåáóþùàÿ îñìûñëåíèÿ. // Æóðíàë ðîññèéñêîãî ïðàâà. - 1999. -N 9. - Ñ. 78-87. 24. Î ñìûñëå ìåñòíîãî ñàìîóïðàâëåíèÿ: Êðóãëûé ñòîë Àññîöèàöèè Ñèáèðñêèõ è Äàëüíåâîñòî÷íûõ ãîðîäîâ. // Ãîðîäñêîå óïðàâëåíèå. – 1998. – N 10. – Ñ. 2-8, N 11. – Ñ. 2-13. 25. Î ñîîòâåòñòâèè Êîíñòèòóöèè Ðîññèéñêîé Ôåäåðàöèè ï.1 ñò.58 è ï.2 ñò. 59 Ôåäåðàëüíîãî çàêîíà “Îá îáùèõ ïðèíöèïàõ îðãàíèçàöèè ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè”. // Ãîðîäñêîå óïðàâëåíèå. - 1996. - N 6. - Ñ. 31-42. 26. Î ñîîòâåòñòâèè Êîíñòèòóöèè ÐÔ ï.1 ñò.58 è ï.2 ñò.59 Ôåäåðàëüíîãî çàêîíà “Îá îáùèõ ïðèíöèïàõ ìåñòíîãî ñàìîóïðàâëåíèÿ â Ðîññèéñêîé Ôåäåðàöèè”// Ãîðîäñêîå óïðàâëåíèå - 1996. - N 6. - Ñ. 31-42. 27. Îá îáåñïå÷åíèè ãàðàíòèé ðåàëèçàöèè ãîñóäàðñòâåííûõ ïîëíîìî÷èé îðãàíàìè ìåñòíîãî ñàìîóïðàâëåíèÿ: Èíôîðìàöèîííî-àíàëèòè÷åñêàÿ çàïèñêà Óïðàâëåíèÿ Ïðåçèäåíòà ÐÔ ïî âîïðîñàì ìåñòíîãî ñàìîóïðàâëåíèÿ. // Ãîðîäñêîå óïðàâëåíèå. – 1999. – N 8. – Ñ. 48-60. 28. 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Y.V. Fenenko

MUNICIPAL SYSTEMS OF FOREIGN COUNTRIES: Legal Issues of Social Security

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