GOLD Report I - UCLG

EURASIA98United Cities and Local GovernmentsSeveralconstitutionsprohibit thedissolution ofrepresentativebodies of localself-government(municipalcouncils)government. Nevertheless, first steps ofreform are in progress, aiming to increasethe role of local self-government and toenlarge its functions.Another model of local self-governmenthas developed in Belarus with a peculiarcombination of different elements of centralstate government, local state governmentand local self-government.Table 1 describes the territorial structuresof the countries of the region in relationwith geographic and demographic data. Itdistinguishes the intermediate level ofgovernment (meso level) from the separatelocal (municipal) level; the latter may beorganized with a single tier or two tiers(see below, section 1).II. Evolution of structuresTerritorial and institutional structures reflectboth the introduction of new politicaland legal principles, and the legacy of thepast.II.1. The Renaissance of Local Self-Government and its Constitutional BasisThe first time the term ‘local self-government’was used in the law of the USSR wasin the “General Fundamentals of Local Self-Government and Local Economies,” enactedon the wave of democratization at the endof the 1980s and the beginning of the1990s.After the collapse of the Soviet Union, eachof the states has been independently developingits own model of local government.Nevertheless, the common heritage of thepast is manifest in many current legalnotions including: local self-government,local state government, local state administration,own and delegated powers, municipalbudgets, municipal property, programsof economic and social development ofmunicipal entities, local public service, prematuretermination of powers of representativebodies of local self-government anddismissal of heads of municipalities.The constitutions of all states of the regioncontain separate articles, sections ornorms devoted to local self-governmentand to guarantees of its realization. Theyproclaim that the rights of citizens to localself-government may not be restricted.The constitutions of several states, includingRussia and Ukraine, stipulate that therights of citizens to local self-governmentmay be suspended only in the time of waror emergency. Constitutions regulate relationshipsbetween central and local governingbodies on such principles as:separation of state powers and powers oflocal self-government, organizational andfunctional independence of local selfgovernmentin the sphere of its competence,unity and integrity of state territory,combination of centralization and decentralizationin the execution of state power,balanced social and economic developmentof territories, and responsibility of bodiesand employees of local self-government tothe state. Some constitutions, includingthat of Uzbekistan, prescribe that relationsbetween central and local governmentsshall be built on the basis of subordinationand mutual cooperation.With the exception of Kazakhstan, all constitutionsprescribe the principal powers oflocal authorities. Transfer of such powersto other entities and persons is not permitted.The constitutions of Russia and Kazakhstanproclaim the principle of separationof state and local governments.Several constitutions, including Armenia’s,prohibit the dissolution of representativebodies of local self-government (municipalcouncils). This serves as an important guaranteeof their independence. In a number ofstates there are procedures for revocationand suspension of acts of local state entitiesand local self-government, and for the rightof citizens to lodge complaints in courtsagainst their decisions. Belarus and Uzbekistanprovide examples of this system.