Federalism and Local Politics in Russia

Local self-government in Russia 239procedures can be found only in a few ‘Western’ countries (such as some USStates and more recently in Germany). 61The right of the regional and central government authorities to remove an(elected) local ‘head of administration’ has always been a politically particularlytouchy issue as it was right at the heart of the central–local levelrelations. Under Article 49 of the 1995 legislation the removal from office ofa local head of administration could be decided by the regional assemblyonly on narrowly defined legal grounds and needed to be confirmed by acourt decision. 62 Subsequently, on 8 August 2000 this Article was amended,significantly broadening the reasons for which regional (and now also federal)local authorities could take the initiative to dismiss local heads ofadministration from office. 63The 2003 Law continued on this course of making the status of localposition-holders (including heads of municipalities as well as heads of administration)even more precarious by widening the reasons for their removal toinclude for instance the violations of federal and regional legislation, as well asof local charters; again these are subject to a court decision (Article 74).6 State control over the levels and units of LSGIn total, the 2003 Federal Law has laid down a number of legal proceduresand levers that, in being mutually supportive and complementary, add up toa formidable repertoire of top-down guidance and control.To just briefly sum up:• In the conduct of their ‘normal’ LSG responsibilities the local authoritiesoperate under the ‘ordinary’ legality review by the upper level Stateauthorities – whereby the power of the regional authorities to initiate aremoval procedure against a local position-holder (under Article 74) actsas a permanent threat and sanction.• In discharging the delegated functions, the municipal districts and urbanareas are subject to a much more extensive supervision by the upper levelState authorities, pertaining not only to a legality review, but also controlover the expediency and appropriateness of their activities. In most ofthese units the chief executive function is in the hands of a contractualhead of administration. The strong hand which the regional authoritieshave in the latter’s selection, contract, qualification, etc., accentuates andreinforces the tendency of local units being subjugated and ‘integrated’into State structures – in clear defiance of Article 12 of the FederalConstitution.• The generality and vagueness of the reasons stated in Article 74 (2003Federal Law) which allow regional authorities to start dismissal proceduresagainst local position-holders has led to a situation whereby localheads may be politically and psychologically intimidated by regionalauthorities.