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Local Government Relationship 9
Relationship between Akims and Maslikhats in Kazakhstan is not efficient
Tungyshbayev Nursultan
ID 20102321
Academic Reading and Writing I GEN 1120
December 11, 2013
Organization of management and power in a unitary state usually bases on the optimal mix of centralization and decentralization of power. The decentralization process could take a big amount of time from the country, depending on its territory size, political situation and regime, even on the culture and mentality of the citizens. The level of decentralization could be one of the indexes of democracy and delegation of power in the country. In the Republic of Kazakhstan, until recently the main sources of power concentrated at the center. However, the impossibility of solving of all the issues by the center and the need to promote reforms in place put forward the decentralization of power as a major problem. The development of relations between executives and representatives is still the open issue and government has developed a number of solutions to make them effective and efficient. However the existing relations between representatives and executives is not efficient, especially with the reporting system seem not a very effective, and the easiest way to achieve more transparency and trust to the executives is the quarterly or monthly reports of the executives to the representatives and the best way is to make the maslikhats as the basis of local government in Kazakhstan, as representative bodies are elected by local people to solve local problems.
Local government plays the vital role in the development of the decentralization and delegation of power in any country. The bodies of representative and executive authorities also constantly report back to the general public on budget. The delegation of power means that not only the top administrative positions could influence the internal situation in the country and the common development of economy, policies, and social life. Each country has its own local government system, which ensures and provides the effective and efficient implementation of the policies, suggested by the Central government. Question of the interaction of local representative bodies with other bodies of state power has always been the focus of legal scholars. The major legal framework for relationships between local representative and executive bodies is established by the Law on Local State Government. It stipulates all their major prerogatives and responsibilities and it also enunciates how both branches should interact in order to accomplish common public policy tasks. Their activities are governed by Section VIII of the Constitution of the Republic of Kazakhstan and accepted on January 23, 2001 in the Law "On local government in the Republic of Kazakhstan". These two ‘institutions’ are responsible for the carrying out of the governmental policy, but at the same time, the relationship between akims and maslikhats are not efficient. Today despite the laws of the effective work of akims and Maslikhats notable that it is not efficient for that relationship of maslikhat and akims are based on the principle of separation of powers. Relations between local representative and executive bodies have a number of features that indicate the complexity of these relationships. In accordance with the Law "On local representative and executive bodies of the Republic of Kazakhstan" relationship of maslikhat and akims are based on the principle of separation of powers. However, the legislation provides a procedure for exercising authority when representative bodies have no influence on the personnel policy akimat . Appointment and dismissal of the heads of local executive bodies is carried out personally akim, although from the effective operation of these persons to the fulfillment of a number of problems faced by Maslikhats . Maslihat right to express confidence in the akim and raise the question of his removal from office is not accompanied by the establishment of the possible consequences of this decision and is ,therefore, no more than a recommendation. Extra-budgetary funds fully handed over to the akim . Revision Commission Maslikhats lost the right to control the use of extra-budgetary funds and general financial and economic activities akim except budget spending.This is a great range of issues that should solve the local authority. First of all, it's budget issues, its development and execution is the responsibility of akims. Akimats approval of the budget is in the competence of the maslikhats. Further, the assertion of economic and social programs and plans for territorial development, regulation of land, housing relationships are the major local problems. In general, all the vital functions of the regions depend on the rule-making by local governments. So, we can say that the systemic transformation challenges of society for sustainable and effective development can be solved only in the presence of an effective system of governance at all levels of government. In 2007, the Law on Local Governance in Kazakhstan” was accepted. As for today, the law on the local government was reviewed and a few amendments on the relations were adopted. To summarize that local politico-administrative relations in Kazakstan are currently characterized by the power balance, which are largely predominant in favor of its executive branch. Local representative (maslikhats) authorities, along with the local executive authorities (akimats) carry out local government in the Republic of Kazakhstan. In this respect, the article 86 of the Law states that ‘Local representative bodies (Maslikhats) shall express the will of the population of respective administrative-territorial units… and with regard to the common public interests shall determine the needed steps and control their implementation’. Under current law, the mayors of regions, cities of Astana and Almaty, appointed by the President of the Republic, all the rest - the parent governors, respectively. The main objective of Akims, and accountable to local executive bodies is the implementation of the government and conduct of national policy on the territories entrusted to them in conjunction with addressing socio-economic and political development of the territory. So, the development of the relations between the deputies and akims are still the ongoing process, as some obstacles are existing.
The transparency of the local government is a big issue, which is the most important. Kazakhstan may take transparency model of local authorities in Switzerland. every ordinary citizen can go to the site of local government and see the local government activity reports as well as all the problems are solved. So citizens can see the current problems and possible solutions with proof of the most correct decision. These experience shows result of transparency and effective work of local authorities. The same model today uses by Russian Federation. In Russia government faced with problem that local government tries to avoid this model of transparency and skillfully falsify reports and documentation. Situation in Kazakhstan according to the report of The Transparency Kazakhstan Civic Foundation on Fighting Corruption in 2004, “Maslikhat under the current legislation does not connected with the voters by an imperative mandate” (Transparency Kazakhstan, 2004), there were many other cons of the system, and thus, the transparency level was not high. Akims usually exceed authority, and, for example, could give the additional land or any other capital to the people, who should not take them. This leads to the strikes and dissatisfaction from the local population with regard to the whole government. We can remember the case of the former akims of the Almaty city, Victor Khrapunov, who is now one of the richest people of Switzerland (Interfax-Kazakhstan, 2009). Being the akim of Almaty, he did his own businesses, and then, after some political rearrangements left to the Switzerland. This bad example is kind of the usual behavior of almost all public servants in Kazakhstan, both on the top and lower positions. So, there were different discussions on who should report to whom, and according to the Presidential Decree of January 18, 2006 № 19 "About Akims’ reports before maslikhats" governors of all levels within their competence, in accordance with the procedure provided for by statute corresponding maslikhat report to the deputies of maslikhats on the performance of their functions and tasks. Still the reporting systems do not take the good and proper role in developing of the relations between two branches. The major advantage is that this gives more power to the deputies (representatives) and that they could to some extend control the performance of the akims (executives). On the one hand, in current phase of public power system development in Kazakstan, its legislative branch is still in its formative phase. In fact, the country is characterized by very strong Presidential power, which dominates in practically all public policy-making areas. The President appoints the Prime-Minister and approves of its cabinet members. In turn, the central administration is a major public policy player in all major policy areas. The Parliament is still in minor player position vis-à-vis the President who can override the decisions of the Parliament. In this regard, most Maslikhats still play rather consultative and sign-and-approve role. Though they are legally defined as bodies expressing the will of their communities, in practice, they are empowered only to consider and accept (or not accept) Akimats’ plans and implementation reports regarding local budget and development programs. As to the initiatives of Maslikhats, which require funding beyond predetermined local budget limits, these are subject to approval by an Akim. This means that Maslikhats lack adequate extent of authority so as to perform truly local policy-making function. The detailed analysis of the law on local government compared with legislative bodies of some foreign countries it is seen that comparing to the executive authorities, maslikhats are assigned a minor role in the political life of the Republic. This is confirmed firstly by the fact that maslikhats has no clear mechanisms to influence the activities of the akims and other local agencies. Surely, gives some more power in the hands of representatives, but overall, the real power belongs to the governors. There are some pros of this situation, firstly, the administrators consider the economic and financial development of the city or region, and the social and cultural lives go to the second role. The relations with businesses and enterprises go better, thus the standards of living increase. On the other hand, it can lead to the increase of the corruption and red tapes, which definitely negatively influences the general view of the development of the region. The reasons of the ineffective distribution of powers are as follows:
The second solution of this problem of poor and mostly ineffective relations between executives and representatives is the election of the first ones. In neighboring Russia citizens choose mayor. It gives you the opportunity to choose a new competent mayor, after ends of the term of office of the mayor. Today the government plans to make the maslikhats as the basis of local government in Kazakhstan, as representative bodies are elected by local people to solve local problems. At the same time akims are integrated into the system of local government and, along with the functions of government will carry out the responsibilities of local government. According to the draft of the law "On making amendments and addenda to some legislative acts of the Republic of Kazakhstan on issues of local governance and government" (2009), maslikhat has the power to impeach the akim and raise the question of his removal from office before the President of the country or a senior akim. Within the purview of district maslikhats prescribed statement of general development plans of cities, towns and villages, consideration of the report of the mayor of the city district level. The election of the city or region top executive would lead to the increased responsibility not only to the representatives but also to the population, which definitely would be good point in the development of transparency and effectiveness of the local government. At the same time, if we consider the elections of this level of executives, then the costs of such actions could be huge enough, especially in the cities and regions with high level of population’s involvement in the politics. So, the accurate consideration of all the features and consequences should be done before implementing such system. So, the role of akims become lower year by year, and the Heads of the cities and regions are usually not glad, as they are administrative officers, and want more power. To make a conclusion about the effectiveness of such system, should be invited the independent experts from other countries with richer experience. For example, the nearest neighbor of the Kazakhstan – the Russian Federation’s local government system according to the Federal Law "On General Principles of Local Self-Government” in relevant laws of RF subjects, based on provisions of the European Charter of Local Self-Government, and fix common principles of local self-government. Also, the European Charter model seems to be one of the most perfectly developed models of the local government, and may be in the future, the local government of the Republic of Kazakhstan would be seem more like the European Charter model.
To put into effect all of ways of solving problem of local government are complicated. Government need to take to consideration mentality and attitude of people to officials. And only in a pair of these two options would be most effective solutions despite its pluses and minuses. Finally Aitkazimov (2005) writes that ‘the transfer of authority from the center to the regions and the empowerment of maslikhats on the executive authorities and the circle of how to solve problems’, which should strengthen the independence and effectiveness of local authorities (akimats and maslikhats) in resolving issues of territorial development.
In conclusion, it is clear that our Republic is constantly improving the system of state and local governments. Despite this, many questions concerning the effectiveness of local governance remain unresolved. So, the question of decentralization of power is still not resolved. The local government system should be developed more accurate, and include virtually every aspect of the life in the region. The importance of the right local government is one of the major points to be developed on the republican level. The transparency, trust, and maybe, the openness to each citizen could be the principles that role the local government in our country.
Reference:
Aitkazimov E. B. (2005) Problems of relationships between of local representative bodies, other public authorities. Retrieved 27 November, 2013 from http://www.vestnik-kafu.info/journal/3/92/
Maslihats will be on power,(n.d.) Retrieved 27 November, 2013 from http://www.zakon.kz/87986-maslikhaty-stanut-osnovojj-mestnogo.html
Constitution of the Republic of Kazakhstan, Retrieved 28 November, 2013 from www.prg.kz
Law of the Republic of Kazakhstan dated January 23, 2001 N 148-II On the Local Government in the Republic of Kazakhstan, Retrieved 28 November, 2013 from www.prg.kz
Law of the Republic of Kazakhstan, Retrieved 29 November, 2013 from www.prg.kz
Official web site of Almaty city Maslihat Retrieved 29 November, 2013 from http://www.maslikhat.almaty.kz/index.php?lg=kz&menu=menu.men&text=news/1003-11.htm
Presidential Decree of January 18, 2006 № 19 "About Akims’ reports before maslikhats", Retrieved 30 November, 2013 from www.prg.kz,
Transparency Kazakhstan. (2004) Local Government in the Republic of Kazakhstan. Retrieved 30 November, 2013 from http://www.transparencykazakhstan.org/UserFiles/file/65.pdf