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Prevention of arbitrariness

Профилактика самоуправства

The question is, what (or who) can prevent the degeneration of local government in local… arbitrariness? So far no obstacles in sight. However, prevention of this deformity is possible. To provide her public councils of municipalities (OSMO). But before continuing this conversation, of course, the current topic, a few words on public councils under the Federal bodies of Executive power.

The public had previously taken part in the formation of such councils. The government is extending this opportunity, decided that the public Council of the Federal Executive body should be formed jointly with the Public chamber of the Russian Federation. It remains to note that decree No. 480 dated 6 June 2013 was issued by the government pursuant to the Decree of the President of the Russian Federation of 7 may 2012 № 601 “On main directions of improving the system of public administration”.

With OSMO, the situation is much worse, as United Russia normative-legal support of their activities simply do not exist. In Kazan, for example, the public tried to create OSMO, but this attempt was not realized even though the idea of OSMO approved participants representative of the round table. That’s what it 25 Jan 2007 wrote regional news Agency Tatar-inform.

“The public of Kazan took the initiative of creation of public-municipal Council

Today in the Kazan city hall hosted a round table dedicated to the discussion of forms of cooperation of public organizations with the city authorities in the sphere of housing and public self-administration authorities, according to information-analytical Department of the Metropolitan Executive Committee.

The initiative of holding the round table, which was supported by the Kazan city Duma and the Committee of an accomplishment and housing and communal services of Executive Committee MO of Kazan, was made by the Chairman of the Public Committee on reforming housing and communal services of RT Yefim Andursky.

In work “a round table” took part the Deputy head of the municipality of Kazan Lyudmila Andreeva, the Chairman of Committee of an accomplishment and housing and communal services of Executive Committee of Metropolitan Andrei Yegorov, representatives of the standing Committee on urban development and housing and communal services of Kazan city Duma, Association of property owners, management companies, HOA presidents, and public figures.

At the “round table” discussed the creation of public-municipal Council, whose function could be included the issues of legal education of the population, the collection and processing of proposals consultation of interested organizations and institutions in matters of housing and local government.

The Council will include representatives of the Kazan city Duma and Executive Committee MO of Kazan, housing professionals and activists of public associations.

During the discussion some participants suggested that in the future to expand the scope of public-municipal Council, not only the problems of housing.

As noted by Lyudmila Andreeva, “the creation of the Council on the initiative of the public — a good thing and necessary.” According to her, the opinion of the Council on certain issues can greatly influence the discussion and adoption of bills, but before the creation of this Council must go through several stages of its formation: to determine the composition of the Board, to approve the principles and procedure of activities of the Council, to prepare an appeal to the citizens of Kazan”.

However, the last word always remains for the officials. And they decided to limit the Public Council on development of urban economy, created under the Executive Committee of municipal formation of Kazan city (ikmo).

Public Council was created by Resolution of the head of ikmo Kazan on December 5, 2008 (currently amended on December 29, 2011). According to the Decree, its function was to ensure public participation of Kazan in addressing issues of urban development. She, however, was never implemented. Moreover, on may 17, 2012, in the absence of any support from the Committee of the Public Council of its activities was suspended.

Four years later – 28 Jul 2016 member of the Public Council gathered for an extraordinary meeting, which adopted the decision on resumption of its activities. However, there is no clarity neither on the structure nor the functions of the Public Council is not yet achieved…

As the author of these lines — the Chairman of the Public Council, it could be transformed in OSMO, promoting the contact of the population with the city authorities, to identify problems of the municipality and their development. At least, to develop a suitable Position is not a problem. For a basis we can take, for example, the Provision approved by decree No. 1 of 12 January 2015 the head of the Republic of Crimea. You can also use the draft Provision in the 2008 prepared by a Working group under the control of the author of these lines.

However, it should be borne in mind that, on the one hand, the population of the city of interest in OSMO hasn’t showed, and with another — that the officials were not bothered by the fact that the Public Council has been dormant for four years. And can anyone seriously expect that municipal officials will promote the establishment of OSMO?

Meanwhile, in many Russian cities and regions of OSMO is already operating. So, isn’t it time, summarizing their experiences, to develop standard regulations of OSMO, which the Russian government could recommend as a model?

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